80.30 PLANNED UNIT DEVELOPMENT

1. Purpose

a. The Planned Unit Development (PUD) option is intended to encourage, with City approval, private or public development which is substantially in accord with the goals and objectives of the Community Master Plan.

b. Development permitted under this Section shall be considered as an optional means of development only upon terms agreeable to the City.

c. Use of the PUD option will permit flexibility in the regulation of land development and benefit the City by:

(1) Encouraging innovation through an overall development plan to provide variety in design and layout.

(2) Achieving economy and efficiency in the use of land, natural resources, energy, and in the provision of public services and utilities.

(3) Encouraging the creation of useful open spaces particularly suited to the needs of the parcel in question.

(4) Providing appropriate housing, employment, service, and shopping opportunities suited to the needs of residents of Marquette.

d. The PUD may be used to:

(1) Permit nonresidential uses of residentially zoned areas.

(2) Permit residential uses of non-residentially zoned areas.

(3) Permit densities or lot sizes which are different from the applicable district and to permit the mixing of land uses that would otherwise not be permitted; provided that other objectives are met and the resulting development would promote the public health, safety, and welfare.

e. Further, it is intended that the PUD shall be laid out so various land uses and building bulk relate to each other and to adjoining existing and planned uses with no material adverse impact of one use on another.

2. Definitions

a. A PUD is a zoning district which shall apply to a specific parcel of land or several contiguous parcels of land, for which a comprehensive physical plan has been recommended by the Planning Commission, approved by the City Commission, and documented in a contract between the City and site owner/developer. Such plan and contracted development will establish functional use areas and density patterns; will provide a fixed system of streets, public utilities, drainage, and other essential services; and account for similar factors necessary for and incidental to the intended land uses. The Planning Commission may, but is not required to, consider parcels separated by a public street as eligible for inclusion in a PUD.

b. A Pattern Book is a document prepared by the applicant’s design firm which contains specific information on the site master plan, and architectural designs for planned buildings. Information should include specifications on building materials, size, and dimensions, building elevations, and site design elements such as pedestrian walkways, lighting, landscaping, and signage.

3. Criteria for Qualification

The PUD option may be permitted anywhere in the City except in the CR Zone. To be considered for the PUD option, it must be demonstrated that all of the following criteria are met:

a. Use of this option shall not be for the purpose of avoiding applicable zoning requirements. Any permission given for any activity or building or use not normally permitted shall result in an improvement to the public health, safety and welfare in the area affected.

b. The PUD shall not be utilized in situations where the same land use objectives can be accomplished by application of conventional zoning provisions or standards. Problems or constraints presented by applicable zoning provisions shall be identified in the PUD application.

c. The PUD option may be effectuated only when proposed land use will not materially add service and facility loads beyond those contemplated in the Comprehensive Plan unless the proponent can demonstrate to the sole satisfaction of the City that such added loads will be accommodated or mitigated by the proponent as part of the PUD.

d. The PUD shall not be allowed solely as a means of increasing density or as a substitute for a variance request; such objectives should be pursued through the normal zoning process by requesting a zoning change or variance.

e. The Planned Unit Development must substantially meet, as a minimum, three or more of the following objectives. The benefits given to the developer through the flexibility of the PUD must be balanced with the benefits to the City:

(1) To permanently preserve open space or natural features because of their exceptional characteristics or because they can provide a permanent transition or buffer between land uses.

(2) To permanently establish land use patterns which are compatible or which will protect existing or planned uses.

(3) To accept dedication or set aside open space areas in perpetuity.

(4) To provide alternative uses for parcels which can provide transition buffers to residential areas.

(5) To guarantee provision of a public improvement which could not otherwise be required that would further the public health, safety, or welfare; protect existing or future uses from the impact of a proposed use; or alleviate an existing or potential problem relating to public facilities.

(6) To promote the goals and objectives of the Community Master Plan.

(7) To foster the aesthetic appearance of the City through quality building design and site development; the provision of trees and landscaping beyond minimum requirements; the preservation of unique and/or historic sites or structures; and the provision of open space or other desirable features of a site beyond minimum requirements.

(8) To bring about redevelopment of sites where an orderly change of use or requirements is determined to be desirable.

(9) To bring about redevelopment of sites which have been identified as environmentally distressed or brownfields.

(10) To facilitate appropriate development of environmentally sensitive areas.

4. Submittal of Concept and Request for Consideration of Project Qualifications

a. Any person owning or controlling land in the City may make application for consideration of a PUD. Such application shall be made by submitting a request for a preliminary determination as to whether or not a parcel qualifies for the PUD option.

b. A written and graphic request shall be submitted to the Marquette City Planning Commission through the Community Development Department. The submission shall include information required by subparagraph c below.

c. Based on the documentation submitted, and following a public hearing the Planning Commission shall make a preliminary determination as to whether or not a parcel qualifies for the PUD option under the provisions of Criteria for Qualifications (80.30 #3.) The submittal must include the following:

(1) Substantiation that the criteria set forth in Criteria for Qualifications (80.30 #3.) are or will be met.

(2) A schematic land use plan containing enough detail to explain the function of open space; the location of land use areas, streets providing access to the site, pedestrian and vehicular circulation within the site; dwelling unit density and types; and buildings or floor areas contemplated, as applicable.

(3) A plan for the protection of natural, cultural and historic features and preservation of open space, green space, or public access, as applicable.

(4) The proposed phasing of the project.

d. The Planning Commission shall review the applicant’s request.

e. To expedite minor PUD projects, of one acre or less, the Planning Commission, at its discretion, may waive submittal information required in Section 5.

5. Submittal and Approval of Preliminary PUD Plan

Application may be made for consideration with the submission of the following materials:

a. Submittal of Proposed PUD Plan. An application shall be made to the Community Development Department for review and recommendation by the Planning Commission which complies with Section 80.62 Site Plans, including but not limited to the following graphic and written representations of the project at a scale not to be smaller than one (1) inch equals one hundred (100) feet unless approved by the City.

(1) A boundary survey of the PUD boundaries being requested completed by a licensed land surveyor

(2) A topographic map of the entire area at a contour interval of not more than one (1) foot and spot elevations at intervals not to exceed fifty (50) feet, unless waived. This map shall indicate all major stands of trees, bodies of water, wetlands, and un-buildable areas.

(3) A proposed land use plan indicating the following:

(a) Parcel and lot lines, land use, access points, and zoning of all parcels within 100 feet of the PUD site.

(b) Vehicular circulation including major drives and location of vehicular access. Proposed project cross sections including public streets or private roads.

(c) Transition treatment, including minimum building setbacks to land adjoining the PUD and between different land use areas within the PUD.

(d) The location of nonresidential buildings and parking areas, estimated floor areas, building coverage and number of stories and heights for each structure.

(e) The location of residential unit types and densities and lot parcel or land units by frontages and areas.

(f) The location of all wetlands, water and watercourses, and proposed water detention areas.

(g) The boundaries of open space areas that are to be preserved or reserved and an indication of the proposed ownership thereof.

(h) A schematic landscape treatment plan for open space areas, streets, and border/transition areas to adjoining properties.

(i) A preliminary grading plan, indicating the extent of grading and delineating any areas which are not to be graded or disturbed.

(j) An indication of the contemplated water distribution, storm, and sanitary sewer plan.

(k) A written statement explaining in detail the full intent of the applicant, indicating the type of dwelling units or uses contemplated and resultant population, floor area, parking, and supporting documentation, including the intended schedule of development.

(l) The proposed phasing of the project, tentative development timetables, and future ownership intentions. Each phase of the project should be capable of standing alone.

(m) Minimum of two site sections, showing major building relationships and building site features.

(4) Detailed design guidelines, drawings, and / or pattern book, which depict the design character of the project; the architectural details of proposed buildings; details on various site elements such as lights, furniture, landscaping, signage; and such other information deemed appropriate by the Planning Commission.

(5) Planning Commission Review of Proposed PUD Plan:

The Planning Commission shall give notice as provided in this Zoning Ordinance and hold a public hearing on the PUD and conduct a site plan review.

(a) The Planning Commission shall review the proposed PUD plan and make a determination as to the proposal's qualification for the PUD option and for adherence to the following objectives and requirements:

1. The proposed PUD adheres to the conditions for qualification of the PUD option and promotes the land use goals and objectives of the City.

2. All applicable provisions of this Section shall be met. Insofar as any provision of this Section shall be in conflict with the provisions of any other section of this ordinance, the provisions of this Section shall apply to the lands embraced within a PUD area.

3. There is, or will be, at the time of development, an adequate means of disposing of sanitary sewage and of supplying the development with water and, that the road system and storm water drainage system are or will be adequate.

b. The Planning Commission can require the applicant to submit a performance guarantee, escrow funds, or other such performance-based guarantees to the City as a condition of PUD approval. The amount of the performance guarantee shall be recommended to the Planning Commission by the City Attorney after discussion with the applicant, City Engineering Department, and other involved parties.

6. Final Approval of Planned Unit Development

a. Upon receipt of the report and recommendation of the Planning Commission, the City Commission shall hold a public hearing and review all findings. If the City Commission grants the PUD, it shall instruct the City Attorney to prepare a contract setting forth the conditions upon which such approval is based and which contract, after approval by resolution of the City Commission, shall be executed by the City and the applicant. Approval shall be granted only upon the City Commission determining that all provisions of this Section have been met and that the proposed development will not adversely affect the public health, welfare, and safety.

b. The agreement shall become effective upon execution after its approval. The agreement shall be recorded with the County Register of Deeds by the City Clerk.

c. Once an area has been included within a plan for PUD and the City Commission has approved such plan, all development must take place in accordance with such plan unless changes have been approved by the City Commission.

d. An approved plan may be terminated by the applicant or the applicant's successors or assigns, prior to any development within the area involved, by filing with the City Clerk and Community Development Department, and recording in the County records an affidavit so stating. The approval of the plan shall terminate upon such recording.

e. No approved plan shall be terminated after development commences except with the approval of the City Commission and of all parties with interest in the land.

f. Within a period of one (1) year following approval of the PUD contract by the City Commission, preliminary plats and/or final site plans for an area embraced within the PUD must be submitted as hereinafter provided. If such plats or plans have not been submitted within the one-year period, the right to develop under the approved plan shall be terminated by the City. Upon the developer’s showing of good cause, the Planning commission can recommend and the City Commission grant an extension of one year for submission of the preliminary plat and/or final site plan.

7. Submission of Preliminary Plat, Final Site Plans; Schedule for Completion of PUD

a. Before any permits are issued for any activity within the area of a PUD, preliminary plats or final site plans and open space plans for a project area shall be submitted to the Community Development Department for review by the Planning Commission of the following: Review and approval of final site plans shall comply with the Marquette City Zoning Ordinance as well as this Section and the terms of the contract and approved plan.

(1) Before approving any preliminary plat or final site plan, the Planning Commission shall determine that:

(a) All portions of the project area shown upon the approved plan for the PUD for use by the public or the residents of lands within the PUD have been committed to such uses in accordance with the PUD contract through recording of a deed, deed restrictions, and/or a master deed for creation of a property owner’s association with authority to levy assessments.

(b) The preliminary plats or final site plans are in substantial conformity with the approved contract and plan for the PUD.

(c) Provisions have been made in accordance with the PUD contract to provide for the financing of any improvements shown on the project area plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured in accordance with the PUD contract.

b. If development of approved preliminary plats or final site plans are not substantially completed in three (3) years after approval, further final submittals under the PUD shall cease until the part in question is completed or cause can be shown for not completing same. When the developer is in default of the PUD timetable, the City Commission may, at the recommendation of the Planning Commission

(a) withdraw approval of other phases

(b) require submission of a new PUD application for those phases, and/or

c. As-built site plans and final plats must be filed with the City Engineering Department and the Community Development Department. Performance guarantees shall not be released until these documents have been submitted.

8. Fees

Fees for review of PUD plans under this Section shall be established by resolution of the City Commission.

9. Interpretation of Approval

Approval of a PUD under this Section shall be considered an optional method of development and improvement of property subject to the mutual agreement of the City and the applicant.

10. Amendments to PUD Plan

Proposed amendments or changes to an approved PUD plan shall be submitted to the Planning Commission. The Planning Commission shall determine whether the proposed modification is of such minor nature as not to violate the area and density requirements or to affect the overall character of the plan and in such event may approve or deny the proposed amendment. If the Planning Commission determines the proposed amendment is material in nature, the Planning Commission shall review the amendment in accordance with the provisions and procedures of this Section as they relate to final approval of the PUD and make a recommendation to the City Commission to approve or deny the changes.