§ 46-645. Application procedure and approval process.

(a)

General. Whenever any M-PUD is proposed, the application for an M-PUD shall serve as a petition to rezone the subject property to the M-PUD district. The application for an M-PUD shall include a request for sketch site plan approval and shall be filed with the city planning commission. The petition for rezoning and sketch plan approval shall be considered concurrently and the requirements of the Michigan Zoning Enabling Act, being Public Act 110 of 2006 (MCL 125.3101 et seq.) and this Code for amendment of a zoning ordinance shall be followed, except that the hearing and notice required by MCL 125.3503 shall fulfill the public hearing and notice requirements of MCL 125.3306.

(b)

Application for sketch plan approval. So that the planning commission, city council and the developer may reach an understanding of what is being proposed, and what is required, the developer shall submit a sketch site plan and related project information with an M-PUD application to the planning commission. The sketch site plan shall be drawn to scale, fully dimensioned, and shall clearly show all of the following information:

(1)

Boundaries and size of property;

(2)

Location (including setbacks from property lines), size and height of all buildings and building facades;

(3)

Interior roadway system including parking facilities, proposed and existing rights-of-way, loading and unloading areas, curb cuts to public roads, and adjacent streets;

(4)

The interior open space system with details on the size and use of the space, proposed ownership of any open space at M-PUD completion, and method of maintaining same;

(5)

The overall water supply system, waste water system and stormwater drainage system, including any connections to public facilities;

(6)

Principal ties to the neighborhood and community with respect to transportation, or other public utilities, including gas and electric service;

(7)

Delineation of the various residential and nonresidential areas and uses, including size, location and number of housing units and other buildings;

(8)

Construction phases and construction schedule;

(9)

Existing natural features and proposed landscaping;

(10)

Topography, existing and proposed (contour intervals of no greater than five feet);

(11)

Location, size and function of proposed signs;

(12)

Location, size and function of any on-site lighting, including a photometric plan for the site; and

(13)

Location of all structures within 300 feet of the property line of the subject property.

In addition to the sketch plan, the applicant shall submit copies of any other information reasonably requested by the planning commission or city council.

(c)

Public hearing. The planning commission and city council shall each hold at least one public hearing on any application in accordance with the provisions of this Code and the Michigan Zoning Enabling Act.

(d)

Following the public hearing. The planning commission shall, within a reasonable time of the public hearing, make a recommendation to the city council to deny, approve or approve with conditions the application. The city council shall receive and consider the recommendation of the planning commission and shall deny, approve or approve with conditions the application, including the sketch plan.

(e)

Basis for conditions. Due to the nature of the M-PUD, additional conditions may be required by the planning commission or the city council. Any conditions imposed by the planning commission or city council must be reasonable and intended to do one or more of the following:

(1)

Ensure that public services and facilities affected by the M-PUD will be capable of accommodating increased service and facility loads;

(2)

Protect the natural environment and conserve natural resources and energy;

(3)

Ensure compatibility with adjacent land uses;

(4)

Promote the use of land in a socially and economically desirable manner;

(5)

Ensure compliance with the standards of this division; or

(6)

Promote and protect the public health, safety, and welfare.

(f)

Approval of sketch plan. If the sketch plan is approved by the city council, such approval shall not constitute approval of the detailed site plan, but shall be deemed an expression of approval of the layout as a guide to the preparation of the detailed plan. The city council shall find that compliance with the following standards have been met before approving any sketch plan:

(1)

The M-PUD site and proposed uses shall be served by necessary public infrastructure including roadways and utilities and that said infrastructure is appropriately sized and arranged to accommodate the requirements of the M-PUD while avoiding negative impacts on the infrastructure to which it will connect;

(2)

The M-PUD site, proposed uses and related development shall be consistent with the city's master plan;

(3)

That facilities and uses such as parking, loading and unloading areas, dumpster locations, active play areas and other facilities and uses that are adjacent to residential development shall either be located internal to the M-PUD site or appropriately buffered through landscaping and other screening techniques;

(4)

That proposed parking and vehicular and pedestrian circulation, including points of ingress and egress, are properly sized and located;

(5)

The M-PUD site features including, but not limited to, walkways, exterior lighting, play areas, common areas, building entry points, garage and storage areas, landscaping and signs have been appropriately designed and arranged to compliment the principle M-PUD buildings and uses and avoid adverse impacts on adjacent property or uses;

(g)

Effect of sketch plan approval. Approval of the sketch plan only warrants to the applicant certification that the proposed M-PUD is appropriate for the planned location and consistent with basic M-PUD site development and design standards as required for sketch site plan approval, subject to any additional terms and conditions of the development agreement approved as part of final site plan approval.

(h)

Request for changes in plan. If it becomes apparent that certain elements of the sketch plan, as approved by the city council, become unfeasible and in need of substantial modification, the applicant shall then resubmit the entire sketch plan, as amended, to the planning commission, which shall be reviewed by the planning commission and the city council in the same manner as the original sketch plan. Notwithstanding, if a change to the sketch plan is not substantial, the change may be reviewed and approved administratively by the community development director or his or her designee.

(i)

Application for final site plan approval. After receiving approval of a sketch plan from the city council, the applicant shall, within six months, prepare a final site plan and submit it to the planning commission. The final site plan shall be reviewed by the planning commission in the same manner as the sketch plan, except that no additional public hearings shall be required. Within a reasonable time following submission of a complete final site plan, the planning commission shall make a recommendation on the final site plan to the city council. The final site plan submitted to the planning commission must be a construction design document and, in addition to the information provided on the sketch plan, contain sufficient design information to determine compliance with any applicable city codes and construction requirements including, but not limited to, the following systems:

(1)

Roads/streets and site access, including location and geometrics;

(2)

Public water;

(3)

Public sewers (sanitary and storm);

(4)

Surface water drainage and snow storage;

(5)

Emergency access routes;

(6)

Fire hydrant locations;

(7)

Exterior lighting;

(8)

Energy and communication facilities, including type and location;

(9)

Location and size of public and private easements;

(10)

Exterior signs, including size and location;

(11)

Parking, loading and unloading, and vehicular and pedestrian circulation;

(12)

Detailed landscape plan, including all buffers;

(13)

Solid waste disposal; and

(14)

Other information reasonably requested by the planning commission, after consultation with city staff, necessary for determination of compliance with city codes, resolutions, rules and regulations.

(j)

City council approval of detailed or final site plan. Within a reasonable time following the recommendation from the planning commission, the city council shall review the final site plan and in making a determination of approval, the city council must find that:

(1)

The systems and project elements are in substantial conformance with the sketch plan and properly arranged and adequate to meet the intended uses within the M-PUD;

(2)

The systems and project elements are consistent with the design requirements of the city; and

(3)

The final site plan complies with all regulations of this Code and any other applicable federal, state and local statutes, ordinances, codes, rules and regulations.

(k)

Action on final site plan. The city council shall deny, approve, or approve the final site plan with conditions or modifications and so notify the applicant and the building inspector. Final approval may be granted on each phase of a multi-phased M-PUD if each phase contains the necessary components to insure protection of natural resources and the health, safety, and welfare of the users of the M-PUD and the residents of the surrounding area.

(l)

Expiration. In any case where construction on the M-PUD has not commenced within one year from the date of final approval or construction on any phase fails to conform with the approved phasing schedule, final site plan approval shall expire and shall be null and void. Notwithstanding, the community development director or his or her designee may administratively extend the expiration date of the final site plan for a period not to exceed one additional year.

(m)

Effect of approval. The final site plan, as approved, shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan. After a final site plan has been approved and construction of any part thereof commenced, no other type of development will be permitted on the site without further approval thereof by the planning commission and city council.

(n)

Bond requirement. A performance bond, bank letter of credit or other surety acceptable to the city shall be required and be filed with the city treasurer at the time of application of a building permit in such amounts and for such periods adequate to ensure compliance with the approved plans.

(o)

Development agreement. Prior to final site plan approval and commencement of construction on any project permitted under this division, the owner shall enter into a development agreement with the city, which agreement shall provide such safeguards and guarantees as may be required by the city. Said agreement shall consist of the approved final site plan, conditions which may have been attached to the M-PUD approval, bond requirements, necessary building and other required permits, and payment of all fees.

(Ord. No. 2015-17, § 1, 1-4-2016)