Chapter 1
PURD Planned Unit Residential District
3.101 Purpose.
The planned unit residential (PURD) district is intended and designed to provide a means for the development of large tracts of land on a unified design basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method provided in other sections of this ordinance. It is the intent of this section that the basic principles of good land use planning, including an orderly and graded relationship between various type of uses, be maintained and that the sound zoning standards as set forth in this ordinance and statutes concerning population density, adequate light and air, recreation and open space, parking and building coverage, be preserved.
The planned unit residential (PURD) district is a designation, with reverter, superimposing the regulations of this development upon the district without changing the fundamental intent of the underlying district regulations, especially in relation to population and dwelling unit densities and useable floor area to land area ratios, while modifying these and other regulations in specific application to a large area rather than to an individual lot.
(Ord. No. 2469, 6-24-25)
3.102 Filing of Petition.
The owner of any tract of land may initiate the procedure provided by this section of the zoning ordinance by petition to the City Council. Such petition, in addition to any other purpose, is for a zoning amendment as outlined in Article 1 of this ordinance.
The initiating petition shall state, as specifically as may be feasible at the time, the primary provisions of the ordinance from which the petitioner may be seeking amendment, and shall state the reasons they believe the intent of the ordinance can be better accomplished by such exception or modification. The petition may include plan maps, drawings and other graphic illustrative material, as well as written documentation, that in the opinion of the petitioner bear significant relationship to the health, safety and general welfare of the citizens of the City and the potential occupants of the proposed planned unit residential district development.
As required by Act No. 33 of the Public Acts of Michigan of 2008, as amended, the petition will be referred to the Planning Commission.
The procedure then will follow steps appropriately similar to, and the steps may be taken concurrently with, the steps required by the subdivision regulations of the City. In addition to data submittals required by Ordinance No. 1528, the Subdivision Ordinance, the Planning Commission may call for additional significant data such as: economic analyses and market studies of various housing types, soil surveys, and tabulated representation of gross and net areas.
If the petitioner desires the assurance of tentative official sanction of some basic aspects of the proposed PURD plan prior to the Planning Commission recommendation of the complete PURD planning and zoning amendment documents (see section VI.J of the Subdivision Ordinance), and such basic aspects are of a nature that they can be reduced to zoning ordinances amendment language, the Planning Commission may recommend such amendments. The effective date of such amendment must be so stated that such amendment will not be operative until subsequent to the effective date of appropriate complete PURD amendments.
(Ord. No. 2469, 6-24-25)
3.103 Regulations.
A. A PURD may be applied for in any zone district. The approval of a PURD application shall require rezoning by way of amendment of this chapter based upon a recommendation of the Planning Commission and approval of the City Council.
B. Any land use authorized in this chapter may be included in a PURD, subject to adequate public health, safety, and welfare protection mechanisms being designed into the development to ensure the compatibility of varied land uses both within and outside the development.
C. The applicant for a PURD must demonstrate all of the following criteria as a condition to being entitled to PURD treatment:
1. Granting of the PURD will result in one of the following:
a. A recognizable and material benefit to the ultimate users of the project and to the community, where such benefit would otherwise be unfeasible or unlikely to be achieved without application of the PURD regulations; or
b. A nonconforming use shall, to a material extent, be rendered more conforming, or less offensive, to the zoning district in which it is situated.
2. The proposed type and density of use shall not result in an unreasonable increase in the need for or burden upon public services, facilities, streets and utilities.
3. The proposed development shall be consistent with the public health, safety and welfare of the City.
4. The proposed development shall not result in an unreasonable negative economic impact upon surrounding properties.
5. The proposed development shall be under single ownership and/or control such that there is a single entity having responsibility for completing the project in conformity with this chapter.
6. The proposed development shall be consistent with the goals and policies of the City of Pontiac Master Plan.
7. If in a historic district or related to a Historic Building, the development and/or buildings must adhere to the City’s Historic District Regulations.
The land uses, minimum lot area, open space, height, and accessory uses shall be determined by the requirements set out below, which shall prevail over conflicting requirements of this ordinance.
D. Permitted uses. The buildings shall be used for residential purposes and customarily incidental accessory uses; noncommercial recreational facilities, community activities including churches and schools, and similar ancillary uses. Further, the land uses shall be composed of such combination of types of dwelling or other activities as shall be authorized by the Planning Commission, but the Planning Commission shall authorize only those types of dwelling and other activities and structures as will:
1. Form a compatible and harmonious community group or groups;
2. Conform to comprehensive planning of the City;
3. Be suited to the capacity of existing and proposed community utilities and facilities;
4. Be capable of a unitary design consistent with the protection of public health, safety and welfare, in general;
5. Afford reasonable protection to the permissible uses of immediately adjacent properties surrounding the site.
If, in the opinion of the Planning Commission, reasons can be shown to indicate commercial, industrial or other nonresidential uses may be appropriate in, or adjacent to, the area being considered for a PURD amendment, the Planning Commission may consider, separately from, but concurrently with their consideration of a PURD proposed amendment, proposed zoning amendment to permit such other nonresidential uses as the Planning Commission finds to be either:
a. Designed to serve primarily the residents of the residential PURD and limited to the extent that like nonresidential uses are not available in convenient proximity; or
b. A use designed to serve the entire City but whose locational determinants require the facility to be located in the PURD; but in either case the use must be found by the Planning Commission to be fully and compatibly incorporated into the unitary design of the residential PURD.
E. Required open space and height requirements. The required open space and height requirements of the zoning district in which the PURD is located may not apply except the required open space specified in the district shall be provided around the boundaries of the area zoned PURD.
F. Perimeter uses. Uses along the PURD zone boundary lines shall not be in conflict with those allowed in adjoining or opposite property. To this end the Planning Commission may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the zone.
(Ord. No. 2469, 6-24-25)
3.104 Procedure for Review.
A. Preapplication meeting. Prior to the submission of an application for PURD approval, the applicant shall meet with the Zoning Manager, together with any staff and consultants the Zoning Manager deems appropriate. The applicant shall present at such meeting, or meetings, a sketch plan of the proposed PURD, as well as the following information: total number of acres in the project; a statement of the number of residential units, if any; the number and type of nonresidential uses; the number of acres to be occupied by each type of use; the known deviations from ordinance regulations to be sought; and the number of acres to be preserved as open or recreational space.
B. PURD preliminary plan. Following the preapplication meeting, the applicant shall submit a preliminary site plan of the proposed PURD. The preliminary site plan shall be prepared in accordance with the standards set forth in Article 6, Chapter 2, Site Plan Review. A narrative report prepared by the applicant shall accompany the site plan providing a description of the project, discussing the market concept and feasibility of the project, and explaining the manner in which the criteria set forth in Section 3.103 have been met.
1. PURD preliminary plan. A preliminary plan for the PURD that contains all of the following information shall be submitted for Planning Commission review:
a. A conceptual plan for the development, drawn to an engineer’s scale of not less than one inch equals 50 feet for property less than three acres, or one inch equals 100 feet for property three acres or more in size, that includes all of the following:
i. Title block with sheet number/title; name, address and telephone number of the applicant and firm or individual who prepared the plans; and date(s) of submission and any revisions;
ii. Scale and north-point;
iii. Location map drawn to a separate scale;
iv. Legal description of property;
v. Zoning classification of site and all abutting parcels;
vi. Net acreage (minus rights-of-way) and total acreage;
vii. Existing lot lines, building lines, structures, parking areas and other improvements on the site and within 100 feet of the site;
viii. Proposed lot lines, lot dimensions, property lines, setback dimensions and other improvements;
ix. Location and height of all proposed buildings or structures;
x. Location of existing and proposed roads, driveways, parking lots, sidewalks and pathways on or within 250 feet of site;
xi. Proposed off-street parking lots and number of spaces;
xii. Conceptual landscape plan;
xiii. The general location of existing plant material;
xiv. Location of existing drainage courses, floodplains, rivers and MDEQ-regulated wetlands;
xv. Location of existing and proposed sanitary sewers;
xvi. Location of existing and proposed water mains;
xvii. Stormwater retention and detention pond locations and existing or proposed storm sewers;
xviii. Number and location of residential units;
xix. Density calculations by type of residential unit; and
xx. Location and size of recreation and open space areas.
b. A parallel plan or alternative conventional development plan showing the development possible based on the current zoning district standards; this plan will be used to determine density and dimensional standards permitted in the PURD.
c. Documentation indicating how the criteria for qualification for a PURD have been met.
d. A table which details all deviations from the established zoning district uses; area, height and setback requirements; off-street parking regulations; general provisions; or subdivision regulations which would otherwise be applicable to the uses and development proposed in the absence of this PURD article; this table shall clearly identify the allowed regulation in comparison to the requested deviation.
e. Any additional information requested by the Planning Commission to better assist in the determination of PURD qualification such as, but not limited to: market studies, fiscal impact analysis, traffic impact studies, and environmental impact assessments.
2. Draft PURD agreement. The applicant shall submit a draft PURD agreement for review and recommendation by the Planning Commission after review by the City Attorney. The agreement shall provide:
a. A survey of the acreage comprising the proposed development.
b. The manner of ownership of the developed land.
c. The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space.
d. Provision assuring that open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose; the City may require conveyances or other documents to be placed in escrow to accomplish this.
e. Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas and common areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the Planning Commission.
f. The cost of installing, improving and maintaining streets and the necessary utilities has been assured by a means satisfactory to the Planning Commission.
g. Provisions to ensure adequate protection of natural features.
h. The PURD site plan shall be incorporated by reference and attached as an exhibit.
i. For any public infrastructure within the development, the outline of installation, maintenance and ownership of said infrastructure.
3. Planning Commission action.
a. PURD preliminary plan. The preliminary plan shall be noticed for public hearing scheduled in accordance with the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended) before the Planning Commission. A sign should be placed on any frontage in accordance with the standards of Article 6, Chapter 9, to follow any Zoning Map Amendment procedure. The Planning Commission shall review the PURD preliminary plan in consideration of public hearing comments, technical reviews from City staff, correspondence from applicable review agencies and compliance with the standards of this article and other applicable standards and requirements of this chapter. The Planning Commission shall recommend approval, approval with conditions or denial of the PURD request to the City Council. The recommendation shall be based on the following:
i. Whether the proposal provides the recognizable benefits of the PUD;
ii. Promotes the land use goals and objectives of the City or the master plan;
iii. Whether all applicable provisions of this article and this chapter shall be met;
iv. Whether eligibility criteria of Section 3.103(C) are met;
v. Whether there are, or will be at the time of development, adequate facilities to accommodate the sanitary sewage, stormwater, solid waste, water supply needs and traffic generated by the proposed project; and
vi. Whether the project successfully provides a transition between higher and lower density uses and/or between nonresidential and residential uses.
b. PURD draft agreement. If the Planning Commission recommends approval of the PURD preliminary plan, the Planning Commission shall forward the draft agreement and preliminary plan to the City Council for review in accordance with subsection C of this section.
C. City Council review of PURD overlay zoning, PURD preliminary plan and PURD agreement. Following receipt of a recommendation from the Planning Commission on the PURD overlay zoning, PURD preliminary plan and draft PUD agreement, the City Council shall review the preliminary plan and PUD agreement and either approve, deny, or approve with a list of conditions made part of the approval.
D. Conditions. In accordance with the Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended), reasonable conditions may be required with the approval of a PURD for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, protecting the natural environment and conserving natural resources, ensuring compatibility with adjacent uses of land, promoting the use of land in a socially and economically desirable manner, and furthering the implementation of the City of Pontiac Master Plan. Conditions attached shall be included in the PURD agreement.
E. Time limits for PURD preliminary plan approval. Approval of the PURD preliminary plan by the City Council shall confer upon the owner the right to proceed through the subsequent planning phase for a period not to exceed two years from date of approval. If application for final site plan approval for the PURD or a phase of the PURD is not requested within this time period, the PURD preliminary plan approval shall automatically become null and void and all rights thereunder shall terminate. The City Council may for good cause extend the period up to an additional two years, if requested in writing by the applicant prior to the expiration date. Upon expiration of a PURD preliminary plan, the City Council may direct the Planning Commission to conduct a public hearing and make a recommendation to remove the PURD overlay district.
F. Final approval of site plan by Planning Commission.
1. Following PURD preliminary plan approval, a final site plan for the PURD or individual phases of the PURD shall be submitted in accordance with Article 6, Chapter 2, Site Plan Review.
2. All site plans subsequently submitted shall conform with the PURD preliminary plan, all conditions attached to preliminary approval, the PURD agreement and the requirements of this ordinance. Where the Planning Commission determines that changes to the final site plan significantly deviate from the PURD preliminary plan and constitute a major amendment defined in Section 3.108(B), the Planning Commission shall conduct another public hearing and review the plan as an amended resubmission of the PURD preliminary plan under the requirements of this article.
(Ord. No. 2469, 6-24-25)
3.105 Project Design Standards.
A. Residential design standards.
1. Project density shall be based on the density permitted in the zone district in which the property is situated immediately prior to classification under this article. Additional density for residential uses is permitted, subject to approval recommendation by the Planning Commission and approval by the City Council. The approved density shall be based upon a demonstration by the applicant of the following:
a. Consistency with the Master Plan;
b. Innovative planning and design excellence;
c. Relationship to adjacent land uses;
d. Pedestrian and/or vehicular safety provisions;
e. Aesthetic beauty;
f. Provisions for the users of the project; and
g. Demonstration that the resulting benefits would otherwise be unlikely to be achieved without the PURD application.
h. Historical District guidelines, if applicable.
i. For properties larger than three acres, the ability to dedicate green or open space for active use or the conservation of existing natural features.
B. Nonresidential design standards.
1. Nonresidential uses may be permitted in combination with other nonresidential uses or as part of a common development with residential uses.
2. Historical District guidelines, if applicable.
3. The nonresidential uses, including parking and vehicular traffic ways, shall be separated and buffered from residential units in a manner consistent with good land and community planning principles.
C. General design standards.
1. Deviations from the applicable setbacks, parking and loading, general provisions, and other requirements may be granted as part of the overall approval of the PURD, provided there are features or elements demonstrated by the applicant and deemed adequate by the City Council upon the recommendation of the Planning Commission designed into the project plan for the purpose of achieving the objectives of this article.
2. There shall be a perimeter setback and berming, as found to be necessary by the City, for the purpose of buffering the development in relation to surrounding properties. Such perimeter setback shall be established at the discretion of the Planning Commission, taking into consideration the use or uses in and adjacent to the development. The setback distance need not be uniform at all points on the perimeter of the development.
3. Thoroughfare, drainage, and utility design shall meet or exceed the standards otherwise applicable in connection with each of the respective types of uses served.
4. There shall be underground installation of utilities, including electricity and telephone, as found necessary by the City.
5. Pedestrian walkways shall be separated from vehicular circulation, as found necessary by the City.
6. Signage, lighting, landscaping, building materials for the exterior of all structures, and other features of the project, shall be designed and completed with the objective of achieving an integrated and controlled development, consistent with the character of the community, surrounding development or developments, and natural features of the area.
7. Where nonresidential uses adjoin off-site residentially zoned property, noise reduction and visual screening mechanisms, such as earthen and/or landscape berms and/or decorative walls, shall be employed. The City, in its discretion, shall review and approve the design and location of such mechanisms.
8. The Planning Commission shall resolve all ambiguities as to applicable regulations using this chapter, the Master Plan, and other City standards or policies as a guide.
(Ord. No. 2469, 6-24-25)
3.106 Density, Allowable Percentages of Multiple, and Coverage Requirements.
The maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the underlying district or districts in which the area is located. Net development area shall be determined by subtracting that portion of lake and muck and peat area (as defined in the Subdivision Ordinance) that lies more than 200 feet from the nearest shore line or boundary of such area; and the area set aside for churches and schools or conditionally approved nonresidential uses, if any, and deducting the area actually proposed for streets from the gross development area.
The area of land set aside for common land, open space, or recreation, except as above deducted, shall be included in determining the number of dwelling units permitted and shall be determined by the district in which the development is located. The following table shall be used as a guide for the Planning Commission:
|
Zoning District |
Percentage of Total Units Allowed as Multiples |
|---|---|
|
Multiple Family (R-3, R-4, R-5) and Nonresidential Districts |
100% |
|
R-2 Districts |
100% |
|
R-1 Districts |
40% |
If the development area contains two or more different underlying zone district classifications, the number of dwelling units permitted, and the percentage of multiple-family dwelling units allowed, shall be determined in direct proportion to the area of each zone district classification contained in the entire tract.
(Ord. No. 2469, 6-24-25. Formerly 3.104.)
3.107 Deed Restrictions.
In view of the “petitioning for special exception” nature of the PURD amendment procedure, deed restrictions and covenants entered into, or proposed to be contracted for, by the developer become an appropriate consideration of the City.
The Planning Commission shall consider the manner in which this lawful contractual technique can augment lawful zoning techniques in attaining the objectives of a PURD amendment and may make their recommendations conditional upon these contractual relations between private parties. Further, the Planning Commission may recommend procedures whereby the corporate municipality permanently becomes a party in such contractual relations.
(Ord. No. 2469, 6-24-25. Formerly 3.105.)
3.108 Amendments to PURD Preliminary Plan, PURD Site Plans, or PURD Agreement.
A. Amendments to PURD preliminary plan.
1. Minor amendments.
a. Minor amendments are adjustments that do not materially alter the character, layout, density, mix of uses, or public benefits of the approved development. Examples include but are not limited to:
i. Minor shifts in building footprints or locations.
ii. Minor increases or decreases in building floor area (less than or equal to five percent of total).
iii. Adjustments to landscaping, lighting, signage, or building materials.
iv. Minor realignment of internal roadways or pedestrian paths.
v. Changes required to comply with code updates or technical corrections.
vi. Minor adjustments to the phasing schedule that do not affect public improvements or amenities.
b. Approval process. Minor amendments to the preliminary plan may be reviewed and approved administratively by the Planning and Zoning Manager, or their designee, with written confirmation provided to the Planning Commission and City Council for informational purposes. The applicant shall identify proposed minor amendments in the staff report submitted as part of the site plan review process.
2. Major amendments.
a. Major amendments are changes to the preliminary plan that materially affect the approved development’s density, land use, layout, public amenities, or financial or legal commitments in the development agreement. Examples include but are not limited to:
i. Increase or decrease in the number of residential units or density.
ii. Change in land use type (e.g., adding nonresidential uses to a residential project).
iii. Significant changes to the location or size of open space or common areas.
iv. Material changes to the approved layout, circulation, or infrastructure plan.
v. Modification of public improvements, public land dedication, or utility service provisions.
b. Approval process. Major amendments shall follow the same process as the original approval:
i. Submission of an amendment application with supporting materials.
ii. Review and recommendation by the Planning Commission, including a public hearing noticed in accordance with the Michigan Zoning Enabling Act.
iii. Final decision by the City Council to approve, approve with conditions, or deny.
c. Determination of amendment type. The Planning and Zoning Manager shall determine whether a proposed PURD plan amendment is minor or major. Applicants may request a written determination, and any party aggrieved by the determination may appeal to the Planning Commission, whose decision shall be final.
B. Amendments to site plan.
1. Minor amendments.
a. Minor amendments to the site plan are adjustments that do not materially alter the approved layout or public benefits of the development.
b. Approval process. Minor amendments may be reviewed and approved administratively by the Planning and Zoning Manager or their designee. Once the final site plan is approved, the Planning and Zoning Manager shall provide written confirmation of the approved change, with a copy provided to the Planning Commission for informational purposes.
2. Major amendments.
a. Major amendments to the site plan are changes that materially affect the approved site layout, circulation, infrastructure, or public amenities.
b. Approval process. Major amendments shall be reviewed through the formal site plan amendment process, including review and recommendation by the Planning Commission and final decision by the City Council.
C. Amendments to PURD agreement. Any amendment to the PURD agreement shall require Planning Commission recommendation of approval, followed by City Council approval.
D. Effect of expiration or amendment. If a PURD preliminary plan approval expires without final site plan submission, or if the City Council revokes or modifies approval, the Planning Commission may conduct a public hearing and recommend removal of the PURD overlay district to the City Council. Any amendment, whether to the concept plan or PURD agreement, once approved, shall be incorporated into the official PURD records, and development agreement amendments shall be recorded at the Oakland County Register of Deeds.
(Ord. No. 2469, 6-24-25)
3.109 Conditions May Be Required.
Reasonable conditions may be required with the approval of a PURD, to the extent authorized by law, for the purpose of ensuring that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, ensuring compatibility with adjacent uses of land, and promoting the use of land in a socially and economically desirable manner.
(Ord. No. 2469, 6-24-25)
3.110 Common Land Areas.
Common land areas not dedicated to the general public shall be held in corporate ownership by private owners of lots or parcels of land in the PURD area and the developer shall incorporate into the deeds of all property, or all of certain classes of property within the development, a clause giving the owners an interest in such common area(s) and indicating the use(s) to be made of the common area(s) and providing a means of permanent maintenance of common area(s). The City shall be given a fee interest in trust for the group of citizens having ownership interest in such common land area. The form of this trustee interest of the City shall be derived from Section 50 of the Plat Act, Act No. 172 of the Public Acts of Michigan of 1929, as amended (M.S.A. 26.480), and other appropriate law. Any maintenance expense or other costs incurred by the City acting in this trustee capacity shall be collected from only the group of citizens having ownership interest in such common land area.
(Ord. No. 2469, 6-24-25. Formerly 3.106.)
3.111 Phasing and Commencement of Construction.
A. Phasing. Where a project is proposed for construction in phases, the planning and designing shall be such that, upon completion, each phase shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to ensure protection of the health, safety, and welfare of the users of the PURD and the residents of the surrounding area. In addition, in developments which include residential and nonresidential uses, the relative mix of uses and the scheduled completion of construction for each phase shall be disclosed and determined to be reasonable in the discretion of the Planning Commission.
B. Commencement and completion of construction. To ensure completion of required improvements, the City is authorized to impose performance guaranties in accordance with Article 6, Chapter 2, Section 6.207(D), Performance Guarantee. Substantial construction shall be commenced within one year following final approval of a PURD and shall proceed substantially in conformance with the schedule set forth by the applicant, as required by Article 6, Chapter 2, Site Plan Review. If construction is not substantially commenced and continues within such time, approval of the PURD shall expire and be null and void. However, an extension for a specified period may be granted by the City Council upon good cause shown if such request is made to the City Council prior to the expiration of the initial period. Moreover, in the event approval of the PURD has expired, the City Council shall require a new application which shall be reviewed in light of then existing and applicable law and ordinance provisions.
(Ord. No. 2469, 6-24-25)
3.112 Effect of Approval.
When approved, the PURD with all conditions imposed, if any, shall constitute the land use authorization for the property, and all improvement and use shall be in conformity with such authorization. Notice of adoption of the final PURD plan and conditions shall be recorded by the applicant at the Oakland County Register of Deeds.
(Ord. No. 2469, 6-24-25)
3.113 Form of PURD Zoning Ordinance Amendment Documents.
The documents will include both a zoning map amendment to specifically locate the area regulated by the PURD zoning plan and an amendment modification of the text of certain regulations of the then in force Zoning Ordinance. This amendment modifying certain regulations may be composed of written regulatory language, detailed site plans, written contractual agreements or other appropriate communication media that will specifically define the intent. All of this documentation shall have been prepared and considered in accordance with the procedure described in this PURD section. Following the recommendation of the planning commission favoring the PURD amendment, the enactment procedure shall follow Article 6, Chapter 8 of this Ordinance.
(Ord. No. 2469, 6-24-25. Formerly 3.108.)