ARTICLE
XIII: PLANNED UNIT
DEVELOPMENT OVERLAY DISTRICT
Section
13.01 PUD: Planned Unit
Development Overlay District
A. Intent:
The planned unit development provisions of this Ordinance are intended to allow
flexibility in the design of residential neighborhoods to encourage the
conservation of natural features such as, but not limited to, woodlots, slopes,
meadows, floodplains, and wetland areas and achieve economies of design related
to vehicular and pedestrian circulation ways, utility construction, and
dwelling unit siting. This Section provides for a mix of housing types provided
that the overall project density does not exceed the density permitted by the
underlying zoning district, based on the formula provided by this Section 13.03
B. Further, under certain circumstances and based on a comprehensive plan for
the entire development, this Section allows for a mix of residential and
compatible non-residential uses oriented toward the planned unit development
residents but not exclusively for the residents of the planned unit
development.
Section
13.02 Application of Planned
Unit Development Provisions
A. Minimum
Parcel Criteria: The provisions of this Section may be applied to any
parcel of land twenty (20) acres or greater, located in all residential
districts, with the exception of the RR, Rural Residential District, which is
under single ownership and for which an application for a planned unit
development is made as provided herein. In addition to the required residential
land area, property zoned for commercial use, which is under the same ownership
as the aforementioned residentially zoned property, may be included as a part
of the overall planned unit development proposal.
B. Exceptions
to Minimum Parcel Criteria: Notwithstanding the provisions of paragraph A.,
an application for a planned unit development on a parcel of land of less than
twenty (20) acres may be submitted if the Planning Commission finds, based upon
information provided by the landowner, that the minimum area requirement should
be waived because a planned unit development is in the public interest and that
one (1) or more of the following conditions exist:
1. The
parcel of land, or the neighborhood in which it is located, has an unusual
physical feature(s) that will be conserved by employing the provisions of this
Article;
2. The
parcel of land has a historical character of importance to the Township that
will be protected by employing the provisions of this Article; or
3. The
parcel of land is adjacent to, or across the road from, a parcel, which has
been developed as a planned unit development and such will contribute to the
maintenance of the amenities and values of the neighboring development.
C. Application
Criteria: An applicant for planned unit development must demonstrate at
least three (3) of the following to qualify as a site for a PUD:
1.
The parcel to be
developed has frontage on a major or secondary thoroughfare.
2.
The parcel is
shaped in such a way that it contains angles which would make a normal
subdivision difficult to achieve and has frontage on a major or secondary
thoroughfare.
3.
A substantial
part of the parcel’s perimeter is bordered by a major thoroughfare which would
result in a substantial proportion of the lots/units of the development
abutting the major thoroughfare.
4.
The parcel
contains a wetland, floodplain or poor soil conditions which result in a
substantial portion of the total area of the parcel being unbuildable. Soil
test borings, floodplain maps, wetland maps, or other documented evidence must
be submitted to the Planning Commission in order to substantiate the parcel’s
qualification for the PUD development under this subsection.
5.
The parcel
contains substantial natural assets which could be preserved through the use of
a PUD/cluster development. Such assets may include natural stands of large
trees, land which serves as a natural habitat for wildlife, unusual topographic
features, or other natural assets which, in the opinion of the Planning
Commission, should be preserved. Requests for qualifications under these
conditions must be supported by documented evidence which indicates that the
natural assets would qualify the parcel under the PUD Overlay District.
6.
The parcel
contains natural land forms which are so arranged that the change of elevation
within the site includes slopes in excess of ten (10) percent between these
elevations. These elevation changes and slopes shall appear as the typical
features of the site rather than the exceptional or infrequent features of the
site.
7.
The topography is
such that achieving road grades of less than five (5) percent would be
impossible unless the site were mass graded. The PUD Overlay District will, in
the opinion of the Planning Commission, allow a greater preservation of the
natural setting.
8.
The proposed
project incorporates sound land use policies and provides several unique design
features and amenities such as, but not limited to: a) increased open space; b)
active-use parks including tot lots; c) community buildings and structures; d)
recreational facilities, i.e., swimming pools, tennis courts, ball fields,
etc.; e) additional landscaping, signage treatment, etc.
D.
In areas meeting
the above criteria, the minimum yard setbacks, heights, and minimum lot/unit
sizes per unit required by Article VII and Article XIII, Section 13.03 B may be
modified by the clustering and/or the attaching of the dwelling units as noted
below (Section 13.02 D, 1–4). Further, if the development exists in an Urban
Residential zoned area, then the square footage requirements may be modified
contingent to the approval of the architectural floor plans, elevations, and a
preliminary site plan by the Planning Commission.
1.
The attaching of
single-family dwelling units, one to another, when said homes are of one or
more of the following:
a.
Through a common
party wall which does not have over fifty (50) percent of its area in common
with an abutting dwelling wall.
b.
By means of an
architectural wall detail which does not form interior room space.
c.
Through a common
party wall only the garage portion of an abutting structure.
2.
The maximum
number of units attached in the above described manner shall not exceed four
(4).
3.
Yard
requirements shall be provided as follows (Note: The Planning Commission, at
its discretion, may grant relief to these minimum requirements when the parcel
size and shape interfere with the proposed development and when the topography
or other natural features interfere with the project.):
a.
Spacing between
any grouping of four (4) or less one-family units and another grouping of such
structures shall be equal to at least ten (10) feet, measured between the
nearest points of the two groupings. A grouping may include a single,
freestanding unit.
b.
Yards abutting a
street may be reduced to thirty (30) feet measured from the back of curb to the
front of the dwelling, and in the case of a corner lot/unit, from the back of
the curb to the side of the dwelling.
c.
All cluster
groupings greater than two (2) attached units shall be so situated as to have
one side of the building abutting onto a common open space.
d.
Any side of a
building with a cluster grouping greater than two (2) attached units adjacent
to a private road shall not be nearer to said road than thirty (30) feet.
e.
Any side of a
building with a grouping greater than two (2) attached units adjacent to a
public right-of-way shall not be nearer to said public right-of-way than thirty
(30) feet.
f.
This nature of
development, when abutting a front yard of an existing recorded subdivision
which is not part of the site plan submitted under this Section, shall cause
all dwelling units facing such subdivision to relate through its front or
entrance façade and treat said side of the grouping as a front yard.
g.
No building
shall be located closer than ninety (90) feet to the outer perimeter (property
line) of the site.
4. The maximum height of buildings shall
be thirty-five (35) feet.
Section
13.03 Planned Unit
Development Design Standards
A planned unit development
proposal shall be consistent with the statement of purpose of this Article as
well as the following general standards for the use of land, the type, bulk,
design, and location of buildings, the density of use, common open space and
public facility requirements, and the development of geographic divisions of
the site.
A. Residential
Dwellings: The plan may provide for a variety of permanent housing types,
including both detached and attached single‑family dwellings
(clustering), and multiple-family dwellings, but not mobile homes, as herein
defined. Single-family attached and cluster housing is encouraged as a means of
conserving natural features and providing additional common open space.
B. Permitted
Residential Density Lot/Unit Frontage and Setbacks: The permitted
residential density lot/unit frontage and setbacks shall be determined based on
the standards permitted by the underlying zoning district, as modified and
indicated below:
|
Residential
Zoning District |
Minimum |
Minimum |
Minimum
Required Setbacks |
||
|
Front |
Side |
Rear |
|||
|
SR, Suburban
Residential (without public sewer)*** |
32,670
sq. ft. (0.75 acre) |
100 feet |
35 ft. |
15 ft. |
25 ft. |
|
SR,
Suburban Residential (with public sewer) |
20,000 sq. ft. (0.459 acre) |
85 ft. |
35 ft. |
10 ft. |
25 ft. |
|
|
15,000
sq. ft. |
70 ft. |
30 ft. |
10 ft. |
25 ft. |
**The minimum permitted lot/unit size for a detached
single-family dwelling in areas not served by public sewer shall be determined
by the Livingston County Health Department standards. However, in no case shall
the density be less than 32,670 square feet (0.75 acres) for a lot/unit.
The Planning Commission may modify the above
Density: The maximum permitted residential density
standards for a Planned Unit Development obtaining any Planning Commission
modifications, shall be determined based upon the following land areas per type
and size of the dwelling:
UNDERLYING ZONING
DENSITY CHART
Zoning Type
of Unit Unit
Area Max.
Density
Densities of PUD developments shall be calculated on
a gross parcel area minus the area occupied by proposed public and/or private
road rights-of-way or existing
dedicated public or private rights-of-way,
minus areas designated as easements for public utilities, (except for Marion Township sewer and water easements), transmission
lines/towers and pipeline easements, and minus one hundred (100) percent of the area occupied by any state regulated wetlands, and floodplain areas. The resulting land area shall be
divided by the minimum lot size of the modified underlying zoning district as noted above to establish the maximum number of permitted dwelling units.
- Common Open Space: All planned unit developments shall maintain a
minimum of thirty (30) percent of the parcel as common open space which is
readily accessible and available to the residents of the planned unit
development. Wetland, floodplain, and/or open water areas may fulfill a
portion of the common open space requirement, provided that not more than
twenty-five (25) percent of the designated common open space area is
wetland area, floodplain area, and/or open water.
All
open space that is proposed as part of the planned unit development shall be a
part of the parcel that is being proposed for the planned unit development. Under no circumstances shall open space be
considered as part of a planned unit development that is not contiguous to the
development.
D. Educational
and Recreational Uses: Both public
and private nonresidential uses of an educational or recreational nature,
including but not limited to golf courses, tennis clubs, swim clubs, riding
stables, and necessary accessory uses and structures, designed as an integral
part of the overall planned unit development, may occupy appropriate portions
of the site. The area so occupied may be applied, at the discretion of the
Planning Commission and Township Board, to satisfy a percentage of the total
common open space requirement. Developed recreational uses such as tennis
clubs, swim clubs, riding stables, and the like, may be used to satisfy
twenty-five (25) percent of the common open space requirement. Golf courses may
be used to satisfy up to sixty (60) percent of the common open space
requirement, provided such use is integrated into the overall development.
E. Commercial
Uses: Commercial uses together with such other uses deemed consistent with
the overall development plan, may occupy up to fifteen (15) percent of the
gross area of a parcel greater than thirty (30) acres.
1. The
following commercial uses may be permitted within a planned unit development:
a. Professional
offices including but not limited to the offices of a lawyer, accountant,
insurance agent, real estate broker, architect, engineer, doctor, dentist or
similar occupation.
b. Banks,
credit unions, savings and loan associations, and similar financial
institutions.
c. Retail
businesses, which supply commodities on the premises such as but not limited to
groceries, meats, dairy products, baked goods, drugs, dry goods, clothing,
notions, hardware, books, and similar establishments.
d. Personal
service establishments which form services on the premises such as but not
limited to repair shops (watches, electronics, shoes, etc.), tailor shops,
beauty parlors, barber shops, photographic studios, dry cleaners, and
restaurants (restaurants shall not include fast food facilities or facilities
with drive-up windows).
2. Adjacent
property, which is zoned commercial and included, as part of the planned unit
development proposal shall not be applied to this provision.
3. Planned
commercial uses shall be accessed by public roads or private roads developed to
Livingston County Road Commission standards and sited in such a manner as to
not encourage through traffic within the planned unit development or adjacent
residential areas.
4. Approval
of commercial uses shall be dependent upon the market potential or demand for
the uses in the area. The developer shall submit sufficient evidence to justify
the need for commercial uses within the planned unit development.
F. Off-Street
Parking and Loading: Off-street parking and loading/unloading spaces shall
be provided in accordance with Article XIV of this Ordinance.
G. Other
Site Improvements: Signage, lighting, landscaping, exterior building
materials, and other features of the project shall be designed and constructed
with the objective of creating an integrated and controlled development,
consistent with the character of the community, the surrounding developments,
and the site's natural features.
H. Perimeter
Setback and Buffering: The proposed location and arrangement of structures
shall not be materially detrimental to existing or prospective adjacent
structures or to existing or prospective development of the neighborhood. There
shall be a ninety (90) foot perimeter setback from any building with a
landscaped buffer area from all boundaries of the PUD and landscaping and/or
berming, as recommended by the Planning Commission, for the purpose of
buffering the adjacent properties from the planned unit development. The setback
distance and buffering treatment may be modified by the Planning Commission
provided that the project incorporates sound land use policies and provides
unique design features and amenities, but in no case may it be less than what
the adjoining district requires.
However,
in cases where nonresidential uses in the planned unit development are adjacent
to residentially zoned property, a landscape berm, evergreen screen, or a
decorative wall shall visually screen such uses.
I. Phasing:
Each residential development phase shall be designed to stand-alone and provide
a residential environment, which is compatible with the surrounding existing
development. Deviations from the number of dwelling units per acre established
for the entire planned unit development may be permitted within certain
development phases as long as the number of dwelling units authorized per acre
is not affected. Further, each development phase shall be designed to provide a
proportional amount of common open space in each proposed phase.
A
minimum of fifty (50) percent of the total number of residential dwelling units
in any planned unit development must be constructed and be ready for sale prior
to the construction of any commercial portion of the planned unit development,
except that site grading, road construction, and utility installations related
to the commercial portions of the planned unit development may be undertaken
concurrent with the development of residential units and public or private
recreation uses. However, based on supportive evidence provided by a
professional market study, the Planning Commission may authorize the
construction of commercial uses prior to the completion of fifty (50) percent
of the total number of residential dwelling units.
J. Planned
Unit Development Agreement: The plan shall contain such proposed covenants,
deed restrictions, easements, and other provisions relating to the bulk,
location, and density of such residential units, nonresidential uses and public
facilities, and provisions for the ownership and maintenance of the common open
space as are necessary for the welfare of the planned unit development and are
not inconsistent with the best interests of the Township. Said covenants, deed
restrictions, easements, and other provisions, which are a part of the plan as
finally approved, may be modified, removed, or released only in accordance with
regulations and standards as may be subsequently set forth by the Township
Board. The enforcement of covenants, deed restrictions, and easements shall be
carried out by an association formed by the residents of the planned unit
development. Further, the bylaws of such association shall provide for the
assessment of fees to finance enforcement actions undertaken by the
association.
The
landowner shall make such easements, covenants and other arrangements, and
shall furnish such performance guarantees, as may be required, to assure
performance in accordance with the plan and to protect the public interest in
the event of abandonment of proposed development before completion.
K.
Land Division
Requirements: All portions of the
planned unit development, including single‑family lots, multiple‑family
dwellings, commercial areas, and public and private recreational uses, and
common open space areas shall be platted in conformance with the requirements
of the state of Michigan Subdivision Control Act PA 288 of 1967, as amended,
and with the Marion Township Subdivision Control Ordinance; or prepared in
conformance with the requirements of the state of Michigan Condominium Act PA
59 of 1978 and the condominium provisions of this Ordinance.
L.
Private Roads in a Planned Unit Development: The
Planning Commission may modify the requirements found in Section 6.20, provided
the applicant can demonstrate that the projects proposed internal road system
provides adequate public safety measures for the residents. For PUD
developments with only one (1) means of ingress, such private road ingress and
egress shall be developed as a boulevard from the public road to the first
internal private road intersection within the development. Said boulevard
entrance shall contain one (1) ingress drive and one (1) egress drive, each
containing a minimum twenty-four (24) foot wide pavement area measured from the
front of the curb to front of curb with a landscaped island between said
ingress and egress drives measuring not less that thirty (30) feet in width.
Also, a private road shall meet the paved road construction specifications of
the Livingston County Road Commission for the actual roadway, including curb
and gutter. The Planning Commission may modify the width of a private road
easement to a minimum of sixty (60) feet providing the project met the
application qualifying criteria found under Section 13.02 C 8 of the Ordinance.
M. Entry Sign: The Planning Commission may modify the
sign ordinance regulations if a more attractive alternative is demonstrated and
further provided that the project meets the application qualifying criteria
under Section 13.02 C 8 of this Ordinance.
Section
13.04 Procedure for Review
and Approval
A. Conceptual
Planned Unit Development Submittal
An applicant for planned unit development approval shall prepare a conceptual planned unit development submittal to provide the Planning Commission with a general overview of the proposed planned unit development. The applicant shall also submit a conventional development plan for the development project being considered in order for the Planning Commission to determine whether or not the planned unit development project meets the intent of this Article.