Village of Beverly Hills, MI

22.26.010 INTENT

The intent of the Planned Unit Development (PUD) District is to permit flexibility in development regulations for a site containing unique natural features that the developer and Village desire to preserve. The procedures and regulations contained in this section are intended to encourage innovative design and create opportunities which may not be obtainable through the more rigid standards of the other zoning districts.

The PUD standards are not intended to be used as a technique to circumvent the intent of the Zoning Ordinance nor to avoid imposition of specific Zoning Ordinance standards or the planning upon which it is based. Thus, the provisions of this section are designed to promote land use substantially consistent with the character of the surrounding area, with modifications and departures from generally applicable requirements made to provide the developer with flexibility in design on the basis of the total PUD plan approved by the Village.

22.26.020 ELIGIBILITY

A PUD may be approved by the Village Council, following a recommendation by the Planning Commission, that the following criteria are met:

1. The subject site shall be a minimum size of five (5) acres of contiguous land under the control of one owner or group of owners and shall be capable of being planned and developed as one integral unit.  The Village Council, following a recommendation by the Planning Commission, may waive this requirement where the subject site has direct access to a County or arterial roadway and can accommodate a minimum of 6 residential dwellings.
2. The site contains significant natural or historic features which will be preserved through development under the PUD standards, as determined by the Planning Commission, or the PUD will provide a complementary mixture of housing types within a unique, high quality design.
3. The PUD will result in a recognizable and substantial benefit to the ultimate users of the project and to the Village, where such benefit would otherwise be unfeasible or unlikely to be achieved under conventional zoning requirements.  These benefits shall be demonstrated in terms of preservation of natural features (including, but not limited to, trees, wetlands, and waterways), unique architecture, extensive landscaping, special sensitivity to adjacent land uses, particularly well-designed access and circulation systems, and/or integration of various site features into a unified development.
4. A finding that the proposed type and density of use shall not result in an unreasonable increase in traffic or the use of public services, facilities and utilities; that the natural features of the subject site have the capacity to accommodate the intended development; and that the development shall not place an unreasonable burden upon surrounding land or land owners.
5. The proposed development shall be consistent with the Village Master Plan.
6. The subject site shall not be located within the area designated as Village Center Overlay District.

22.26.030 SUBMITTAL AND REVIEW PROCESS

A PUD may be designated by the Village or may be requested by an applicant.  If the Village initiated the PUD, and the site is already designated PUD on the Village Zoning Map, the applicant is still responsible for the submission of a PUD preliminary plan and materials as described below, however the site shall already be deemed as meeting the eligibility criteria of Section 22.26.020 above.

The PUD submittal and approval process is as follows:

1. Optional Preapplication Conference. Prior to formal submission of an application for PUD review, the applicant may request a meeting with Village staff and consultants to obtain guidance that will assist the applicant in preparation of the application and plan.
   
   
2. Submit PUD Request and Preliminary Plan: The applicant shall prepare and submit the following:

1. A completed application form and the required review fees.
2. Proof of ownership of the land to be utilized or evidence of a contractual ability to acquire such land, such as an option or purchase agreement.
3. A complete and current legal description and size of property in acres.
4. A site analysis map illustrating the location of existing buildings and structures, rights-of-way and easements; driveways adjacent to and across from the subject site; woodlands and trees outside woodlands over eight inches (8") in caliper; significant historical features; existing drainage patterns (by arrow), surface water bodies, floodplain areas and wetlands; topography at two (2) foot contour intervals; and surrounding land uses, zoning and buildings within 100 feet of the subject site.
5. A preliminary site plan illustrating a conceptual layout of proposed land use, acreage allotted to each use, residential density, building footprints, structures, required setbacks, roadways, parking areas, drives, driveways, pedestrian paths, conceptual landscape plan, natural features to be preserved and a preliminary plan for utilities and stormwater management. If a multi-phase PUD is proposed, identification of the areas included in each phase.
6. A list of anticipated deviations from the Zoning Ordinance regulations which would otherwise be applicable.
7. Any other information which the Planning Commission or Village Council require to determine if the proposed project meets the eligibility criteria (e.g. preliminary building elevations, floor plans, sign plans, etc.) .
8. A draft PUD Agreement that identifies any modifications from conventional zoning, obligations of the developer and subsequent owners, provisions for maintenance, allowable uses, project phasing, and similar information to clarify conditions of approval.
   
   

c. Planning Commission Review: The Planning Commission shall review the PUD request, including PUD rezoning, preliminary site plan, and draft PUD Agreement, conduct a public hearing, and make a recommendation to the Village Council based on the review standards of Section 22.26.040 and/or Section 22.26.050, as applicable.

d. Village Council Review: Following receipt of a recommendation from the Planning Commission, the Village Council shall conduct a public hearing on the requested PUD rezoning, the preliminary PUD site plan and either approve, deny or approve with a list of conditions made part of the approval.  The PUD Agreement is subject to execution between the owner/developer and Village Council.

Council may require re-submittal of the preliminary PUD site plan reflecting the conditions for approval by Village Administration prior to submittal of a PUD Final Site Plan. Council may impose additional reasonable conditions to ensure public services and facilities will be capable of accommodating increased service and facility loads caused by the PUD, to protect the natural environment, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner.

e. Final Site Plan Approval: If the rezoning and preliminary site plan are approved by Council, the applicant shall submit a final site plan for review in accordance with Section 22.08.290.

f. Amendments: If the Planning Commission determines that a proposed use or site plan is not consistent with the approved PUD, the applicant shall be directed to submit a request to amend the PUD following the same procedures outlined above.

g. Change in ownership: An approved PUD plan runs with the land, not with the landowner.  If the land is sold or otherwise exchanged, the approved PUD plan shall remain in effect unless the applicant submits a request to amend or terminate the PUD plan.

22.26.040 DESIGN AND REVIEW STANDARDS FOR A RESIDENTIAL PUD

A Residential PUD shall comply with the following project design standards:

1. Eligibility: The proposed PUD meets the eligibility criteria of Section 22.26.020.
2. Uses Permitted: Only residential uses as listed in Section 22.14 are permitted.  Attached residential units may be permitted by the Village only upon a determination that the following criteria are met: 

1. Attached unit buildings shall meet the dimensional standards set forth in Section 22.24 for the RM District.
2. Attached unit buildings shall be arranged and designed to promote compatibility with adjacent uses.
3. Attached unit buildings shall provide a variation in building height, setbacks, rooflines, window, door openings, materials, and colors.
4. For at least fifty (50) percent of the units, garages shall be side entry, rear entry, or recessed a minimum of five (5) feet behind the living area.
5. The units shall relate well to the streetscape and minimize the visual dominance of garage doors in the front yard through the provision of front porches, doors, windows, and architectural details that face the street, and a variation in garage door design and location (e.g. side entry, recessed from front building line, limited projection beyond front building line) and assist in minimizing the dominance of garages.
6. The arrangement of units maximizes the preservation of open space and the protection of natural features. Harmony with surrounding uses: The uses and design of the PUD will be harmonious with the character of the surrounding area in terms of density, intensity of use, size and height of buildings, architecture and other impacts.

c. Harmony with surrounding uses: The uses and design of the PUD will be harmonious with the character of the surrounding area in terms of density, intensity of use, size and height of buildings, architecture and other impacts.  

d. Density Standards: The overall permitted density within a PUD shall not exceed the density allowed by the underlying residential zoning district as described in Section 22.24, except as noted in paragraph 3 below. If the underlying zoning is inconsistent with the Village Master Plan, the applicant may request rezoning in accordance with Section 22.40 simultaneously with the PUD application.

1. The maximum number of dwelling units permitted within a PUD shall be the number of units permitted under conventional zoning.  This shall be demonstrated through the preparation of a parallel plan that illustrates how many dwelling units could feasibly and practically be constructed on the subject site in accordance with all dimensional requirements of the zoning district and design standards for storm water and public streets.  Portions of a regulated wetland shall not be located within an individual lot.  The lots on the parallel plan shall not require exceptional or unusual engineering to accommodate residential construction, as determined by the Village.
2. The area used for density calculations shall not include public street rights-of-way, private road access easements, lakes, streams, detention ponds, or submerged wetlands containing surface water or open water ponds during at least one (1) month of the year.
3. The Village may allow a density bonus of up to 10% of the number of units allowed under paragraph 1 above, provided the project includes at least one of the following to the Village’s satisfaction:
   1.  The amount of open space exceeds what would otherwise be required.
   2.  The development provides a diverse variety of housing types or provides a type of housing that is desired, but not currently offered or for which there is an insufficient supply, in the Village.

1. Area included in the open space calculations must meet the following:
   1. At least forty (40) percent of the site’s gross area shall be dedicated open space and held in common ownership.
   2. The total area of dedicated open space shall equal or exceed any reduction in area for minimum lot sizes in the development based on the parallel plan, except where a density bonus is approved as permitted herein.
   3. The minimum size of an individual open space area shall be 20,000 square feet with a maximum width to depth ratio of 3:1. This standard is intended to ensure open space is valuable and usable rather than scattered, isolated, or remnant lands.  The Village may waive this standard for clearly identified pathway corridors between a single row of lots intended to connect open spaces, if such corridors are determined to be desirable.
   4. At least fifty (50) percent of the open space must be usable to the residents for passive or active recreation, exclusive of permitted water bodies, storm water facilities, or other required site plan elements.
   5. No more than twenty-five (25) percent of any required open space shall include lakes, streams, detention ponds or other surface water bodies, or wetlands regulated by the Michigan Department of Environment, Great Lakes and Energy. Detention ponds that do not provide a natural appearance and are not incorporated into the overall plan as an amenity shall not be included as required open space.
   6. A structure or use accessory to recreation, conservation, or an entryway may be erected within the dedicated open space, subject to the approved open space plan. Accessory structures or uses of a significantly different scale or character than the abutting residential districts shall not be located near the boundary of the development if it may negatively impact the residential use of adjacent lands, as determined by the Village.

2. To be included in the calculations for the minimum open space area, the following design standards must be met.
   1. The open space(s) shall be organized around the site’s most important natural features and link existing and planned greenways and pedestrian corridors, as illustrated in the Village Master Plan and Community Recreation Plan.
   2. The open space shall include pathways to link adjacent open spaces, public or private parks, and bike paths or non-motorized routes.
   3. In addition to preservation of the most important natural features, where possible additional open space shall be located and designed to achieve the following:
      1. preserve or create a buffer from adjacent land uses;
      2. maintain existing natural viewsheds; and
      3. open space shall be located within prominent and highly visible areas of the development, such as the terminus of key views along roads, at the intersection of arterial or collector streets, at high points, or centrally located within a residential area.

3. The following land areas shall not be included in calculations for required open space:
   1. the area within any existing or future public street right‑of‑way;
   2. the area within private road easements or other easements that include roads, drives, or overhead utility lines;
   3. the area located below the ordinary high water mark of an inland lake, river or stream or any pond with standing water year round;
   4. the required setback areas around, or minimum spacing between buildings, except that the setback area around a permitted open space accessory building may be considered open space;
   5. parking and loading areas, except those exclusively associated with a recreation facility or common open space area; and
   6. any other undeveloped areas not specifically addressed in this Section, but determined by the Planning Commission to inadequately meet the intent and standards for open space.

4. Protection of Open Space

The dedicated open space shall be set aside by the developer through an irrevocable conveyance and protected by a Maintenance Agreement, in a form and manner acceptable to the Village.  Such conveyance shall ensure the open space will be protected from alteration and all forms of development, except as shown on an approved site plan or subdivision plat. 

Said documents shall bind all successors and future owners in fee title to commitments made as part of the proposal, but shall allow transfer of ownership and control to a subdivision or condominium association consisting of residents within the development, provided notice of such transfer is provided to the Village. Such conveyance shall indicate the allowable use(s) within the dedicated open space.  Upon transfer to a successor of the developer, the open space shall be maintained by the property owner’s association or condominium association.

The Village may require the removal of invasive vegetation and the inclusion of open space restrictions to prohibit activities such as the following:

1.  dumping or storing of any material or refuse;
2.  activity that may cause risk of soil erosion or threaten plant material;
3.  cutting or removal of plant material except for removal of dying or diseased vegetation;
4.  use of motorized off-road vehicles;
5.  cutting, filling or removal of vegetation from wetland areas; and
6.  use of pesticides, herbicides or fertilizers within or adjacent to wetlands.

g. Infrastructure: The uses and design shall be consistent with the available capacity of the existing street network and utility systems or the applicant shall upgrade the infrastructure as required to accommodate the PUD.

h. Additional Considerations: The Planning Commission and Village Council shall consider the following design elements as appropriate: perimeter setback and landscaping; drainage and utility design; underground installation of utilities; facilities for pedestrian circulation; internal roadway design; and the achievement of an integrated development with respect to signs, lighting, landscaping and building materials.

22.26.050 DESIGN AND REVIEW STANDARDS FOR A MIXED USE PUD

1.  Eligibility: The proposed Mixed Use PUD meets the eligibility criteria of Section 22.26.020.
2.  Uses Permitted: Office and commercial uses allowed elsewhere in the Village Zoning Ordinance may be permitted upon a determination by the Village that the uses would meet the intent of this Ordinance, the Village’s Master Plan, and are compatible with surrounding land uses. Per paragraph (f) below, a residential component must also be incorporated into the proposed PUD.
   
   Any proposed use listed as a Special Land Use in the Village Zoning Ordinance shall meet the standards listed in Section 22.08.300. Review and approval in accordance with Section 22.08.300 shall be required as part of a final site plan review.
3.  Harmony with surrounding uses: The uses and design of the Mixed Use PUD will be harmonious with the character of the surrounding area in terms of density, intensity of use, size and height of buildings, architecture and other impacts.
4.  Dimensional Standards: The setbacks and other dimensional standards for various uses shall generally be consistent with the standards associated with the most applicable district(s) listed in Section 22.24.
   
   Where the proposed design deviates from the typical standards, the applicant shall provide a table that clearly compares each requested modification to the Ordinance standard and provides justification for the modification for approval by the Village Council. Unless modifications are specifically requested and approved by the Village, the site plan or subdivision plan shall comply with the applicable Village standards.
5.  Architecture: Buildings shall utilize brick as the primary material for all exterior walls that are visible from a public road or a parking lot. Other accent materials may be used where the materials are durable and compatible with the type of use and development proposed. Unifying elements, accents, style, color, and materials shall be provided for different uses within the project.
6.  Residential Uses: A Mixed Use PUD shall incorporate a residential component within the same building (i.e., upper floor residences above a non-residential use).
7.  Natural Features: The development shall be designed to promote preservation of any significant natural or historic features on the site.
8.  Infrastructure: The uses and design shall be consistent with the available capacity of the existing street network and utility systems or the applicant shall upgrade the infrastructure as required to accommodate the Mixed Use PUD.
9.  Design: The site design, site elements, and architecture shall be of high quality, coordinated, and consistent with Section 22.09 Site Development Requirements.
10.  Additional Considerations: The Planning Commission and Village Council shall consider the following design elements as appropriate: perimeter setback and landscaping; drainage and utility design; underground installation of utilities; facilities for pedestrian circulation; internal roadway design; and the achievement of an integrated development with respect to signs, lighting, landscaping and building materials.

22.26.060 SCHEDULE OF CONSTRUCTION

1. Construction. Final site plan approval of a PUD, PUD phase or a building within a PUD shall be effective for a period of three (3) years. Further submittals under the PUD procedures shall be accepted for review upon a showing of substantial progress in development of previously approved phases, or upon a showing of good cause for not having made such progress.
2. Phasing. In the development of a PUD, the percentage of one-family dwelling units under construction, or lots sold, shall be at least in the same proportion to the percentage of multiple family dwelling units under construction at any one time, provided that this Section shall be applied only if one-family dwelling units comprise twenty-five (25%) percent or more of the total housing stock proposed for the PUD. Non-residential structures designed to serve the PUD residents shall not be built until the PUD has enough dwelling units built to support such non-residential use. The Planning Commission may modify this requirement in their conceptual or final submittal review process.

22.26.070 APPEALS, VIOLATIONS AND EXPIRATION

1. The Zoning Board of Appeals shall have the authority to hear and decide appeal requests by property owners for variances from the Zoning Ordinance. However, the Zoning Board of Appeals shall not have the authority to change conditions or make interpretations to the PUD site plan or written agreement.
2. A violation of the PUD plan or agreement shall be considered a violation of this Ordinance.
3. The Zoning Board of Appeals shall not have authority to grant variances from the approved PUD plan pertaining to uses, perimeter setbacks, or perimeter landscaping. Such changes shall require an amendment to the PUD plan.
4. Approval of the PUD rezoning and preliminary site plan by the Village Council shall confer upon the applicant the right to proceed through the subsequent planning phase for a period not to exceed two (2) years from date of approval. If application for final site plan approval is not requested within this time period, re-submittal of the application shall be required. Village Council may extend the period up to an additional two (2) years, if requested in writing by the applicant prior to the expiration date.

{Ord. 379, 2-16-21; Ord. 257, 4-26-92}