Sec. 10.1 INTENT.
The Planned Unit Development District (PUD) is intended to allow flexibility of site design, a mixing of housing types, a mix of residential and non-residential uses, limited non-residential development where it may not otherwise occur under conventional zoning, in exchange for high quality site and building design, preservation of sensitive natural features and woodlands, and greater compatibility with the small town character of the Village.
Sec. 10.2 REQUIREMENTS REGARDING TRACT.
10.206 Recognizable Benefits. A PUD shall result in a recognizable and substantial benefit, both to the residents and occupants of the property and to the overall quality of life in the Village. The benefits can be provided through site design elements in excess of the requirements of this ordinance, such as high quality architectural design, extensive landscaping, provide transition areas from adjacent land uses, unique site design features, unified access, preservation of woodlands and open space, particularly along major thorofares, and buffering development from lakes, rivers, streams and wetlands. The proposed development shall provide at least one (1) of the following benefits:
a. Significant Natural Assets. The site contains significant natural assets such as woodlands, rolling topography with grades exceeding fifteen percent (15%), significant views, natural drainage ways, water bodies, floodplains, regulated or non-regulated wetlands, or natural corridors that connect quality wildlife habitats which would be in the best interest of the Village to preserve and which might be negatively impacted by conventional residential development.
b. Recreation Facilities. If the site lacks natural features, it can qualify if the development will preserve an existing recreation facility or provide new recreation facilities to which all residents of the development and the Village shall have reasonable access. Such recreation facilities include areas such as a neighborhood park, golf course, passive recreational facilities, soccer fields, ball fields, bike paths or similar facilities which provide a feature of community-wide significance.
c. Mixed Use. A site can qualify if the development will provide a complimentary and integrated mixture of uses, residential densities and housing types. A mixed use project shall be considered a project which proposes a combination of residential housing types or a mixture of compatible residential and commercial uses. Such mixture of uses shall be integrated into a cohesive, pedestrian scale neighborhood.
10.207 Guarantee of Open Space. The applicant shall guarantee to the satisfaction of the Planning Commission that all open space portions of the development will be maintained in the manner approved. Documents shall be presented that bind all successors and future owners in fee title to commitments made as a part of the proposal. This provision shall not prohibit a transfer of ownership or control, provided notice of such transfer is provided to the Village and the land uses and restrictions continue as approved in the PUD plan.
Sec. 10.3 PERMITTED USES.
10.301 Single family detached and attached dwellings.
10.302 Two family dwellings.
10.303 Multiple family dwellings.
10.304 Housing for the elderly (with maximum density calculated as noted in Article 8).
10.305 Public or private parks and outdoor recreation areas which may include a golf course, swimming pool, tennis court, ice skating rink and other similar recreational uses without outdoor lighting.
10.306 Family day care, family foster care, commercial day care.
10.307 Churches, places of worship.
10.308 Municipal buildings.
10.309 Essential public services.
10.310 Retail food establishments under 50,000 square feet which supply: groceries, fresh produce, meats, dairy products, baked goods, confections or similar commodities for consumption off the premises. Food stuffs may be prepared on the premises as an accessory use if sold at retail prices on premise.
10.311 Restaurants, delicatessens and other establishments serving food and/or beverages on premise, which may include seasonal outdoor seating, but without drive-through or drive-in service.
10.312 Banks, savings and loan, credit unions and other financial institutions with a maximum of three drive-through lanes. A drive-through ATM machine located anywhere on the site will count towards this maximum.
10.313 Stand alone automatic teller banking machines.
10.314 Retail businesses under 10,000 square feet conducted entirely within an enclosed building such as: drug stores, liquor, dry goods, clothing, video rental, furniture, hardware, music, book stores, antique stores and gift shops;
10.315 Personal service establishments such as but not limited to: small electronics repair shops, shoe repair, tailors, hair styling salons, spas, film processing outlets, copy centers, interior decorators, postal centers and dry cleaners.
10.316 Indoor commercial recreation, movie theaters, or fitness centers.
10.317 Professional offices such as medical, dental, chiropractors, osteopaths, insurance, real estate, attorney, financial and similar or allied professions.
10.318 Art galleries, art studios, photographer studios, dance studios, and theaters for stage productions or films.
10.319 Commercial schools.
10.320 Hospitals.
10.321 A building with a mixture of the above uses including a mixture of residential and non-residential uses.
10.320 Accessory uses, buildings, structures customarily incidental to any of the above Permitted Uses and meeting the Standards of Sections 3.0 through 3.3.
10.325 Similar uses as determined by the Planning Commission in accordance with the provisions of Section 3.60.
Sec. 10.5 DENSITY AND DESIGN STANDARDS.
10.501 The following density and use restrictions apply based upon the PUD type that is requested:
a. Residential PUD: A maximum of eighty (80) percent of the total site area shall be devoted to residential use: land devoted to residential use shall be deemed to include those streets, parking areas, private open spaces and courts which abut and service primarily residences or groups of residences, but it shall not include useable open space which is available for use by the general public or by persons who do not live in the residences or groups of residences immediately adjacent to it unless otherwise provided herein.
b. Mixed Use PUD: PUDs to incorporate residential and non-residential land uses, a maximum of twenty (20) percent of the total site area shall be used for non-residential development and required parking, circulation, and landscaping with the remaining portion of the site devoted to a maximum of sixty (60) percent residential use and a required minimum of twenty (20) percent open space.
c. Commercial PUD: PUDs with all non-residential land uses shall have a maximum of eighty (80) percent of the total site devoted for non-residential development and required parking, circulation, and landscaping with the remaining twenty (20) percent devoted to required open space.
10.502 Open Space: All land within a development that is not devoted to a use, roadway, or parking shall be set aside as common land for recreation or open space. A PUD shall provide a minimum of twenty percent (20%) of the gross site area as dedicated open space held in common ownership. Areas not considered open space are:
a. area proposed as single family residential lots;
b. area proposed to be occupied by buildings, including the minimum required setbacks around the building;
c. seventy-five percent (75%) of the land area devoted to detention or retention ponds;
d. the area of any street right-of-way;
e. any submerged land area of a pond, lake, river, or stream; and
f. any regulated wetland.
10.503 Regulatory Flexibility
a. To encourage flexibility and creativity consistent with the intent of the PUD regulations, the Planning Commission may permit specific departures from the requirements of the zoning ordinance as a part of the approval process.
b. Any regulatory modification shall be approved through a finding by the Planning Commission that the modification shall result in a higher quality of development than would be possible using conventional zoning standards and that there is a direct benefit to the Village as a result of the modification.
c. A table shall be provided on the site plan which specifically details all modifications. This specification should include ordinance provisions from which deviation are sought, and the reasons and mechanisms to be utilized for the protection of the public health, safety, and welfare in lieu of the regulations from which modifications are sought.
10.504 Residential PUD Dimensional Standards: Except as otherwise noted in table 4.6, Dimensional Standards – Residential Districts, there shall be no minimum lot size, no minimum setbacks and no minimum lot width for any unit. The density of the residential component shall be established by a parallel design plan. Such design plan shall demonstrate a project that is consistent with state, county, and village requirements and design criteria. The parallel plan shall meet all standards for lot size, lot width and setbacks are normally required by the Village. This plan will establish the number of allowable dwelling units for the PUD plan.
10.505 Commercial PUD Standards:
a. Dimensional Requirements: Projects shall comply with the dimensional setback requirement of the General Business District, unless otherwise modified as part of the PUD process.
b. Building Design and Layout: Buildings within a Commercial PUD shall be of the highest quality in terms of materials and design and shall be in accordance with the following guidelines:
1. The overall appearance will give the impression of a unified development.
2. The overall design will be consistent roof lines, varied building lines, distinguishing architectural features, cornice work, edge detailing, archways, high quality and varied materials.
3. Building facades will contain architectural features such as awnings, cornice work, edge detailing or other decorative features typical of building fronts.
4. At least 50% of the facade of buildings visible from public access will be finished in brick or other masonry material.
5. Buildings must use unifying elements, accents, style, color and materials.
6. The rear building facades of all buildings will not have the appearance of a backdoor fa’ade.
7. Window area shall make up at least 10% of the front facades.
8. Exterior colors shall be of low reflectance, subtle, neutral, or earth tone colors.
9. Each commercial building that fronts onto State Road shall have at least one (1) major public pedestrian entrance and pathway connection to the existing Village pathway system.
10. Building entrances shall be oriented towards State Road and located no further from the front lot line than the minimum front yard setback, to the extent feasible.
11. A maximum of 25% of the proposed parking spaces shall be located in the front yard.
c. Screening: In addition to other screening requirements in the Ordinance, a Commercial PUD shall provided the following screening:
1. Loading areas shall be located or designed on site to be minimally visible from adjacent roads and residential areas. Any loading service areas visible from a road or residential area will be screened.
2. Mechanical and service features such as gutters, ductwork, service doors, etc. that cannot be screened must be of a color that blends in with the color of the building.
3. Transformers, air conditioning and other mechanical equipment and utilities located on the ground or roof shall be screened.
d. Landscaping and Lighting: The Planning Commission or Village Council has the authority to impose additional landscaping or lighting requirements above and beyond those found in Section 3.25 and Section 3.28 if determined to be necessary to meet the intent and purpose of the PUD.
10.506 Location of Structures: The proposed location and arrangement of structures shall not be detrimental to existing or prospective development of the neighborhood. Every single family and two family dwelling unit shall have access to a public street, court, walkway or other area dedicated to public use. No structure and no group of structures (such as semidetached dwellings or a row of townhouses) shall be erected within twenty-four (24) feet of any other structure or group of structures.
10.507 Protection of open spaces: Open spaces between structures, including those spaces being used as public or private recreational areas, shall be protected by adequate covenants running with the land or by conveyances or dedications, as specified by the Planning Commission.
10.508 Open Space Setback. The Planning Commission may require a minimum fifty (50) foot wide undisturbed open space setback from the edge of any lake, pond, river, stream or wetland; provided that the Planning Commission may permit trails, boardwalks, observation platforms or other similar structures that enhance passive enjoyment of the site’s natural amenities within the setback.
10.509 Streets: All streets within the PUD development shall be built to the standards of the Village of Goodrich Street and Driveway Design Ordinance, and dedicated to the Village.
10.510 Unified Design Elements: All projects shall be designed to incorporate unifying design elements consistent with the Village of Goodrich design theme such as the light poles, benches, and trash receptacles.
Sec. 10.6 PROCEDURE.
10.601 PUD Rezoning Submittal Requirements:
a. The applicant shall submit an application form and fee, legal description and proof of property ownership to the Village for rezoning to PUD.
b. The applicant shall provide fifteen (15) copies an overall PUD plan at an engineering scale with the rezoning request. The PUD rezoning plan shall include an illustration of the sites existing natural features, including wetlands, lakes, ponds, streams, woodlands, all trees with a caliper of over eight (8) inches, topography at two foot contour intervals, and an indication of drainage patterns.
c. A conceptual PUD plan illustrating the location and acreage to be devoted to specific uses, open space areas, alignment of streets and drives and general location of parking areas, the location of buildings, the proposed density of dwelling units, a list of proposed uses, and a general layout of utilities.
d. As deemed necessary by the Village, a written impact assessment which describes the impact of the PUD project on the natural features, school enrollment, traffic generation and expected changes to operations on adjacent public streets determined by a registered traffic engineer, changes to drainage patterns, affects of wildlife, capability of public utilities to serve the development, and the relationship to surrounding land uses. The applicant should attach correspondence from appropriate agencies in support of the findings.
10.602 PUD Rezoning Procedure.
a. The Planning Commission shall use the criteria of Section 15.4 in reviewing the PUD rezoning request. Those criteria shall include the desirability of the planned unit development’s design in terms of traffic safety, health, drainage, densities, land use relationships of proposed uses to each other and uses adjacent to the site and its overall relation to a community development plan if such exists.
b. The Planning Commission shall recommend to the Village Council to either approve or deny the PUD rezoning request. The Planning Commission may also suggest changes to the PUD plan which the applicant may incorporate prior to submitting for Council action.
c. The Village Council shall approve, approve with conditions, or deny the PUD rezoning request.
10.603 PUD Site Plan Submittal Requirements and Procedure.
a. Within six (6) months of PUD zoning approval, the applicant shall submit a detailed site plan according to the procedures outlined in Article 16, Site Plan Approval.
b. The Planning Commission shall review the detailed PUD site plan according to the procedures and review standards outlined in Article 16 and a finding the final site plan is consistent with the overall plan originally submitted by the developer.
c. Approval of any detailed PUD site plan shall lapse unless construction is started within one (1) year.
10.604 Changes to a PUD Plan.
a. Any change to the PUD plan shall be submitted to the Planning Commission. The change should be described both on a site plan and in writing. The Planning Commission may approve a minor change, however, if the Planning Commission determines the change as significant, the applicant shall resubmit for PUD rezoning as outlined in Section 10.501 above.
Add the following Section to
Article 19 Administration and Enforcement
Sec 19.5 Conditional Zoning Agreement:
Pursuant to Act No. 579 of the Public Acts of 2004, amending the City and Village Zoning Act, 1921 PA 207, an applicant for a rezoning may voluntarily offer a conditional zoning agreement (herein referred to as ‘zoning agreement?) along with an application for rezoning before or following the public hearing for a proposed rezoning. The following requirements shall apply:
A. Content of Agreement: The zoning agreement shall include the following:
1. A description of the conditions, in accordance with Section 19.5(B).
2. Acknowledgement that the zoning agreement was proposed voluntarily by the applicant.
3. Agreement and understanding that the property shall not be developed or used in any manner that is not consistent with the zoning agreement.
4. Agreement and understanding that the approval of the rezoning and the zoning agreement shall be binding upon and inure to the benefit of the property owner and the Village, and also their respective heirs, successors, assigns, receivers or transferees.
5. Agreement and understanding that, if a rezoning with a zoning agreement becomes void in accordance with this section, that no further development shall take place and no permits shall be issued unless and until a new zoning district classification for the property has been established.
6. Agreement and understanding that no part of the zoning agreement shall permit any activity, use, or condition that would otherwise violate any requirement or standard that is otherwise applicable in the new zoning district.
7. Any other provisions as are agreed upon by the applicant, property owner, and the Village.
B. Allowable Conditions: The zoning agreement shall only include conditions that bear a reasonable and rational relationship and/or benefit to the property in question. The zoning agreement may include one or a combination of the following conditions:
1. Techniques to minimize the impact of the development on surrounding properties.
2. Methods to preserve natural features and open space.
3. Limitations on the uses permitted on the property in question.
4. Specification of lower density or less intensity of development and use.
5. More restrictive measures on the location, size, height, or other measure for buildings, structures, improvements, setbacks, landscaping, buffers, design, architecture and other features.
6. Commitment to extension, installation or construction of or improvements to roadways, utilities or other infrastructure serving the site.
C. Prohibited Provisions: The zoning agreement may not authorize the following:
1. Uses or developments of greater intensity or density.
2. Uses which are not permitted in the proposed zoning district.
3. Variations from height, area, setback or similar dimensional requirements which are less restrictive than the proposed zoning district.
4. Any conditions that do not have a reasonable and rational relationship to the subject site.
D. Review and Approval Process: In addition to the standard amendment procedures set forth in Section 19.3, when a Zoning Agreement is incorporated, the following additional steps are required. 1.
The proposed zoning agreement may be submitted prior to or following the Planning Commission public hearing.
2. If the proposed agreement is provided following the public hearing it must be reviewed by Planning Commission prior to Planning Commission making its recommendation on the rezoning to the Village Council.
3. If submitted prior to or at the same time as the rezoning application, both shall be reviewed and action taken currently.
4. The proposed zoning agreement shall be reviewed by the Village Attorney to determine that the zoning agreement conforms to the requirements of this Section and the City and Village Zoning Act, as amended, and shall confirm that the zoning agreement is in a form acceptable for recording with the Genesee County Register of Deeds.
5. Upon approval of the zoning agreement and rezoning, the approved zoning agreement shall be executed by the applicant, the property owner, and the Village and recorded with the Genesee County Register of Deeds.
6. The approved zoning agreement and rezoning shall be referenced on the Zoning Map with the new district, plus a number chronologically assigned to indicate that the property is subject to a zoning agreement (i.e., ‘LDR-1,? ‘GBD-2?). The Village Administrator shall maintain a listing of all properties subject to zoning agreements and shall provide copies of the Agreements upon request.
E. Standards of Review: The Planning Commission and Village Council shall use the Criteria listed in Section 19.4 to evaluate the rezoning. In addition, the Planning Commission and Village Council shall consider whether the proposed zoning agreement meets the following additional criteria:
1. Is consistent with the intent of this Article.
2. Bears a reasonable and rational connection and/or benefit to the property being proposed for rezoning.
3. Is necessary to insure that the property develops in such a way that protects the surrounding neighborhood and minimizes any potential impacts to adjacent properties.
4. Is necessary to allow the rezoning to be approved, in that the property could not or would not be rezoned without the proposed zoning agreement.
5. Leads to a better development that is more compatible with abutting or surrounding uses than would have been likely if the property were left to develop under teh existing zoning classification.
6. Is consistent with the Master Plan.
F. Expiration:
1. Two-Year Expiration: The rezoning and zoning agreement shall expire two (2) years after adoption of the rezoning and zoning agreement, unless substantial construction on the approved development of the property pursuant to building and other required permits issued by the Village commences within the two (2) year period and proceeds diligently to completion, as required by ordinance unless extended by the Village for good cause shown by the applicant.
2. Agreement Void: In the event that substantial construction on the approved development has not commenced within the aforementioned two (2) years, the zoning agreement shall be void and of no effect.
3. Development Cease: Should the zoning agreement become void, all development on the subject property pursuant to the agreement shall cease, and no further development consents, or approvals shall be permitted. Until action satisfactory to the Village is taken to bring the property into compliance with the zoning agreement, the Village may withhold or, following notice to the applicant and being given an opportunity to be heard, revoke permits and certificates, in addition to or in lieu of any other lawful action to achieve compliance.
4. First Extension: Notwithstanding the above, if the property owner applies in writing for an extension of the zoning agreement at least thirty (30) days prior to the expiration date and submits satisfactory evidence with just cause for the extensions, the Village Council may, after recommendation by the Planning Commission, grant an extension of up to one (1) year.
5. Second Extension: A second extension of one (1) year may be granted provided the applicant’s progress in developing the property is in accordance with the provisions of the zoning agreement and that there has been progress since the first extension granted.
G. Failure to Comply: Failure to comply with the zoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this Ordinance, and further use of the property may be subject to legal remedies available to the Village.
H. Reversion of Zoning: If the rezoning and zoning agreement become void as outlined above, then the land shall automatically revert back to its original zoning classification as set forth in MCL 125.286i. The Village Clerk will advise the land owner and developer, by registered letter, of the reversion of zoning.
I. Subsequent Rezoning of Land: Nothing in the zoning agreement, nor any statement or other provision, shall prohibit the Village from later rezoning all or any portion of the property that is the subject of the zoning agreement to another zoning classification. Any rezoning shall be conducted in compliance with this Ordinance and the City Zoning Act. Any land use initiated pursuant to the zoning agreement shall be allowed to continue, after any later rezoning under this Subsection, in accordance with Subsection J below.
J. Continuation:
1. Provided that all development and/or use of the property in question is in compliance with the zoning agreement, a use or development authorized thereunder may continue indefinitely, provided that all terms of the zoning agreement are followed.
2. Failure to comply with the zoning agreement at any time after approval will constitute a breach of the agreement and also a violation of this Ordinance, and further use of the property may be subject to legal remedies available to the Village under the Zoning Ordinance and the Village Zoning Act.
K. Amendment:
1. During the initial two (2) year period, or during any extension granted by the Village as permitted above, the Village shall not add to or alter the zoning agreement, even with the landowner’s consent.
2. The Zoning Agreement may be amended after the expiration of the initial two (2) year period and any extensions, in the same manner as was prescribed for the original rezoning and Zoning Agreement.
L. Other Required Reviews: Any uses proposed as part of a zoning agreement that would otherwise require approval of a special land use or site plan approval shall be subject to the applicable review and approval requirements of Articles 30 and 33.
M. Failure to Offer Conditions. The Village shall not require an owner to offer conditions as a requirement for rezoning. The lack of an offer of conditions shall not affect the owner’s rights under this Ordinance.
N. Performance Guarantee. If the Developer proposes to construct any public improvements in connection with the development of the Project, the Village shall be provided with an irrevocable letter of credit in an amount equal to the expected cost of the public improvements. The Developer shall also warrant the public improvements for a period of one year from the date of acceptance of same by the Village and shall, at its sole expense, repair or replace, at the Village’s sole discretion, any public improvements which fail during the one-year period following its acceptance by the Village. The value of the letter of credit may be reduced as the Village accepts the public improvements, by the value of the work accepted, but 25% of the letter of credit shall remain in effect for the duration of the one-year warranty period.
Article 10 Planned Unit Development
CLERK’S CERTIFICATION
I, Patricia Schierup, the duly appointed Clerk of the Village of goodrich, hereby certify that the foregoing is a true and accurate copy of the Ordinance 137 taht was adopted by teh Village of Goodrich Council, Genesee County, Michigan at at regualr meeting held on the 13th day of March, 2006, the original of which is on file in my office and available to the public.
Public notice of said meeting was given pursuant to and in compliance withthe Open Meetins Act nubmer 267 if the Michigan Puboic Acts of 1976, including in the case of special or rescheduoing meeting notices, by posting at least 18 hours prior to the time set for said meeting.
In testimony whereof, I have hereunto set my hand and affixed the seal of the Village of Goodrich on this 13th day of March, 2006.
Patricia Schlerup, Village Clerk
Village of Goodrich
Ordinance Number: 137
Date Adoppted: 3/13/23006
Published: 3/20/2006
Effective: 3/24/2006
Publish in The Citizen 3/20/2006
