§ 1264.03. PROCEDURES.

(a)

Pre-application Conference. Before submitting an application for a PUD, an applicant shall meet with the Planning Director for a review of the application to determine if the application is appropriate for rezoning as a PUD District. Additional meetings may be conducted with the Planning Commission or City Engineer to provide information regarding the proposed PUD.

(b)

Application for PUD Approval. An application for PUD rezoning shall be in accordance with the application procedures for rezoning as required by Section 1242.07 of these Codified Ordinances. A detailed site plan for the proposed PUD shall be submitted in accordance with the requirements as contained in Section 1284.05 herein.

(c)

Review of Preliminary Development Plan. An applicant shall submit a Preliminary PUD site plan in accordance with the requirements for a preliminary site plan contained in Section 1284.04 herein, unless the Planning Commission specifically waives certain items. The Planning Commission shall review the preliminary development plan and make recommendations to the applicant regarding the PUD based on the following considerations:

(1)

The requirements of this chapter;

(2)

How well the preliminary site plan conforms to the specific approval conditions of the Mixed Uses PUD or Residential Open Space PUD sections whichever is appropriate;

(3)

The setback and placement of buildings and structures;

(4)

Ingress to and egress from the PUD and proposed buildings and structures therein, including motor vehicle and pedestrian safety and convenience, traffic flow and control and emergency access;

(5)

Off-street parking and loading areas where required;

(6)

Screening and landscaping, including type, size dimensions and location of plantings;

(7)

The preservation of natural resources and natural features;

(8)

Open spaces and recreational areas where required;

(9)

Drainage courses, flood plains, streams, and wetlands;

(10)

The number, type and appearance of proposed buildings or dwellings;

(11)

Impact and adverse effects upon nearby lands, the surrounding area and the City as a whole;

(12)

Location of stormwater control structures;

(13)

Location of driveways, parking lot connections, and service drives; and

(14)

Other aspects and effects of the PUD, as reasonably deemed appropriate by the Planning Commission.

(15)

Public hearing on preliminary development plan. The Planning Commission shall hold a public hearing on the preliminary development plan and the application for rezoning in accordance with the requirements for rezoning of lands within the City of Coopersville, as set forth in State of Michigan Law.

(d)

Environmental Impact Assessment. The Planning Commission may require an environmental impact assessment as part of the preliminary or final site plan. This assessment shall describe the effect and impact that the proposed PUD will have upon or with respect to the following matters:

(1)

The lands involved and the adjacent and nearby lands; streams, wetlands, and the quality and volume of surface water and trees, and other significant vegetation; the effect, if any, on surrounding property values;

(2)

Impact upon the population of the City; local school systems; traffic congestion;

(3)

Additional costs to the City and school districts; police and fire protection; stormwater drainage; water supply and sewage disposal;

(4)

Noise, vibration, dust and dirt, litter, smoke, odor, light, and glare;

(5)

General appearance and character of the area; historic structures and places;

(6)

Such other matters as the Planning Commission may request to be included;

(7)

Traffic impact study;

(8)

A community impact analysis;

(9)

An economic feasibility study for the principal uses of the proposed PUD; and

(10)

An analysis of the nature and effect of any private utility systems such as; stormwater control and retention facilities.

If requested by the Planning Commission, the environmental impact assessment shall include statements or comments from the public agencies or officials concerning those aspects of the proposed land use within their respective responsibilities and jurisdictions. The Planning Commission will designate the qualifications necessary to conduct the environmental impact assessment.

(e)

Final Development Plan.

(1)

After receiving the recommendations of the Planning Commission on the preliminary development plan, the applicant for a PUD rezoning shall submit a final development plan to the Planning Director in accordance with the requirements for final site plan review as contained in Section 1284.05 of these Codified Ordinances. Copies of the plan shall be forwarded to the Planning Commission.

(2)

The final development plan shall contain all of the information required for final site plan review unless waived by the Planning Commission as not being reasonably necessary for the proposed PUD. In addition the following items shall be submitted to the Planning Commission:

a.

All of the drawings, narrative, studies, assessments, and other information, and materials comprising the preliminary development plan, including all of the recommendations of the Planning Commission thereon, or if the applicant has not incorporated all of such recommendations, the final development plan shall indicate such fact and shall state the basis or grounds upon which such recommendations have not been included.

b.

A plan for the protection of designated preservation areas or features during and after construction.

c.

Projected time for completion of the entire PUD; proposed phasing, if any, of the PUD and the projected time for completion of each phase.

d.

Any other information reasonably required by the Planning Commission in connection with its review of the PUD and consideration of the rezoning of the lands in accordance with the PUD plan.

(f)

Public Hearing on Final Development Plan. The Planning Commission shall hold a public hearing on the final development plan and the application for rezoning in accordance with the plan. Notice for the public hearing shall be in accordance with the requirements for a rezoning within the City, as set forth in Section 1242.07 of these Codified Ordinances.

(g)

Consideration of Final Development Plan by Planning Commission. After public hearing, the Planning Commission shall make recommendations concerning the final development plan and the modifications in the final development plan, to the City Council. The applicant shall revise the site plan in accordance with the recommendations of the Planning Commission before the plan is submitted to the City Council. If the plan is not revised, the applicant shall submit the plan and provide reasons to the Council for the failure to comply with the recommendations of the Planning Commission.

(h)

Standards for Approval. In making a recommendation to approve a PUD, the Planning Commission must find that the proposed PUD meets the standards for Final Site Plan approval in Section 1284.05, as well as the following standards as applicable:

(1)

Granting the PUD rezoning will result in a recognizable and substantial benefit to ultimate users of the project and to the community, and the benefit would otherwise be unfeasible or unlikely to be achieved.

(2)

The PUD will not result in a significant increase in the need for public services and facilities, will not result in unsafe traffic movements and will not place a significant burden upon surrounding lands or the natural environment, unless the resulting adverse effects are adequately provided for or mitigated by features of the PUD as approved.

(3)

The PUD will be compatible with the City's Master Plan and consistent with the intent and purpose of this chapter.

(4)

The PUD will not result in significant adverse effects upon nearby or adjacent lands, and will not change the essential character of the surrounding area.

(5)

The development protects all floodplains, wetland, and other bodies of water.

(6)

The development preserves, insofar as practical, significant existing site features such as individual trees or stands of trees, fields or hillsides by designating them as no disturb areas or integrating them into the proposed development.

(7)

The PUD is designed to ensure compatibility with adjoining land uses.

(8)

The development is designed around existing hedgerows and tree lines and minimize impacts on woodlands.

(9)

Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public road right-of-ways.

(10)

Takes advantage of topographic features.

(11)

Protects the rural character by establishing buffer zones along scenic corridors and improves public safety and vehicular carrying capacity by avoiding or minimizing development that fronts directly on to existing roadways.

(12)

Includes a pedestrian walkway designed to ensure that pedestrians can walk safely and easily throughout the site.

(13)

The individual lots, buildings, roadways, and open space areas are designed to minimize the alteration of environmental site features.

(i)

Final Consideration of PUD by City Council. The City Council shall review the final development plan and the recommendations submitted by the Planning Commission. The City Council shall determine whether the final development plan complies with the standards, conditions, and requirements of this chapter and, in addition, shall determine whether or not the proposed project promotes the intent and purpose of this chapter; ensures that the proposed project will be compatible with adjacent uses of land, the natural environments, and the capacities of public services and facilities affected by the proposed project; and ensures that the proposed project will be consistent with the public health, safety, and welfare needs of the City. Upon a determination that a proposed project meets such standards, conditions, and requirements, the City Council may approve the final development plan and grant the rezoning request.

(j)

Conditions of Approval.

(1)

The Planning Commission may recommend and the City Council may impose reasonable conditions upon its approval. Such conditions may include conditions necessary to ensure that public services and facilities affected by a proposed project will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:

a.

They shall be designed to protect natural resources, the health, safety and welfare and the social and economic well being of those who will use the proposed project under consideration, residents, and landowners immediately adjacent to the proposed project, and the community as a whole.

b.

They shall be related to the valid exercise of the police power, and the purposes, which are affected by the proposed project.

c.

They shall be necessary to meet the intent and purpose of this chapter, be related to the standards established in the chapter for the proposed PUD under consideration, and be necessary to ensure compliance with those standards.

(2)

The conditions imposed with respect to the approval of a PUD shall be recorded in the record of the approval action, and shall remain unchanged except upon application for amendment of the PUD as required by Section 1264.06 of this chapter. The City Clerk and the Planning Director shall maintain a record of conditions, and the date of the approval of the PUD shall be noted on the current zoning map.

(3)

Upon approval of the final development plan and the proposed application for rezoning, the City Council shall adopt an ordinance to rezone the property in accordance with Section 1242.07.

(Ord. 349. Passed 1-20-01; Ord. 376. Passed 3-8-04.)