Municipal Code
CHAPTER 1252 Single-Family Planned Residential
Development Option
1252.01 Intent; criteria; application.
1252.02 Optional development patterns.
1252.03 Combinations of development configurations.
1252.04 Contiguous land area.
1252.05 Conditions for approval.
1252.06 Conditions for denial.
1252.07 Conditions for waiving setback and lot size
requirements.
1252.08 Preparation and submittal of plans.
1252.09 Public hearing.
1252.10 Recommendations by Planning Commission; appeals
to Council; hearing and notice.
1252.11 Council action re Planning Commission decisions.
1252.12 Council approval; deed restrictions.
1252.13 Application fees.
1252.14 Site plan review.
1252.15 Number of dwelling units.
CROSS REFERENCES
Regulation of land development and the uses of land and
structures by local authorities - see M.C.L.A. 125.3201
Authority to zone - see M.C.L.S. 125.3202
Uses of land or structures not conforming to ordinances;
powers of
legislative bodies; acquisition of property - see
M.C.L.A. 125.3208
Single-Family Residential Districts - see P. & Z. Ch.
1250
Off-street parking and loading - see P. & Z. Ch. 1262
Nonconforming uses and buildings - see P. & Z. Ch. 1264
Natural buffer zones - see P. & Z. Ch. 1266
Supplementary regulations - see P. & Z. Ch. 1268
1252.01 INTENT; CRITERIA; APPLICATION.
This chapter may be cited as the Village of Franklin
Single-Family Planned Residential Development Option. It
is the intent of this chapter to permit an optional
means of development of single-family residential
properties through design alternatives. This chapter is
not intended to create any additional rights on the part
of any property owner nor as an addition to any of the
permitted uses allowed in Chapter 1250. The grant or
denial of permission to utilize the Single-Family
Planned Residential Development Option will be based
upon the criteria hereinafter set forth, giving
realization to the increased public importance of
protecting natural assets while preserving the integrity
and density of the single-family zoning districts
consistent with the character of residential development
of the Village of Franklin. Subject to the terms of this
chapter, this option will be applicable to those areas
where a modification
to the Schedule of Regulations may be permitted without
impairing or threatening the
public health, safety or welfare, and where utilization
of this option will result in the preservation of
natural assets which might otherwise be destroyed by
virtue of conventional subdividing or development of
property. As used herein, "natural assets" shall be
broadly construed to include woods, waterways, wetlands,
topographical features, lakes, ponds, predominant flora,
fauna, open space, flood plains, poor soil, higher water
table, wildlife habitats and archeological and
historical sites. Except as set forth in this chapter,
all requirements and provisions of Chapter 1250 shall be
fully applicable, including those requirements set forth
in the Schedule of Regulations provided in Appendix B
following the text of this Zoning Code, as amended from
time to time. (Ord. 170. Passed 8-27-90.)
1252.02 OPTIONAL DEVELOPMENT PATTERNS.
So long as the overall density of any single-family
residential development does not exceed that density set
forth in the Schedule of Regulations provided in
Appendix B following the text of this Zoning Code for
the zoning classification in which the property is
located, the Village Council may, after reviewing
reports or recommendations from the Village Planning
Commission, approve, in whole or in part, either of the
following single-family planned residential optional
development patterns when the property is under single
ownership and where the Village Council is satisfied
that the utilization of a planned residential option
would be beneficial to the public health, safety and
welfare of the Village of Franklin and consistent with
surrounding zoning and natural concerns, and will not
impose any vehicular or pedestrian traffic impediments.
(a) Lot Size Averaging. The Village Council, subject to
the requirements set forth in this chapter, may allow a
variation in lot size from those requirements set forth
in the Schedule of Regulations provided in Appendix B
following the text of this Zoning Code, where conditions
so warrant, provided that the average lot size for any
such development shall be equal to or greater than that
minimum lot size set forth in Appendix B for the
particular residential zoning district. No single lot
may be reduced by more than twenty-five percent from the
scheduled minimum lot size set forth in Appendix B.
Average lot size shall be calculated by adding together
the area of each buildable lot and dividing by the
number of building lots proposed for said development.
(b) Open Space Plan. This provision allows the Village
Council, pursuant to this chapter, to approve a
reduction of those single-family lot sizes set forth in
Appendix B by an amount not to exceed fifty percent of
the scheduled minimum lot size of the particular
single-family zoning district as set forth in said
Appendix B. The open space plan shall create an open
space, park or preservation area utilizing all of the
areas reduced from the scheduled minimum lot site
requirements as set forth in Appendix B, as said
Appendix B may be amended from time to time. Average lot
size, including open space for any such
development, shall be equal to or greater than that
minimum lot size set forth in Appendix B for the
particular residential zoning district.
(Ord. 170. Passed 8-27-90.)
1252.03 COMBINATIONS OF DEVELOPMENT CONFIGURATIONS.
A planned residential development under this chapter may
incorporate either or both of the development
alternatives set forth in Section 1252.03 in combination
with the lot size and development configurations as set
forth in the Schedule of Regulations provided in
Appendix B following the text of this Zoning Code. Such
combination of configurations may be proposed by the
developer in the submission of the development plan or
may be proposed by the Village of Franklin Planning
Commission or Village Council during any of the hearing
or approval processes. It is intended by this section to
permit the Village of Franklin to alter or modify a
proposed development plan so as to amend configuration
options, so as to substitute, eliminate or add any of
the permitted development configuration options,
including those set forth in Appendix B. Under no
circumstances, by reason of any utilization or
combination of any of the development configurations set
forth in this chapter, shall the overall development
density or the number of single-family residential units
per acre be increased in any zoning district over and
above that set forth in Appendix B. It is the intent of
this section, while allowing maximum flexibility of
development configuration for the good of the health,
safety and welfare of the people of the Village of
Franklin, to allow increases in density only by means of
a rezoning application and procedure in accordance with
this Zoning Code.
(Ord. 170. Passed 8-27-90.)
1252.04 CONTIGUOUS LAND AREA.
A planned residential development under this chapter
shall include a contiguous land area for at least three
dwelling units as may be required under applicable
zoning regulations. (Ord. 170. Passed 8-27-90.)
1252.05 CONDITIONS FOR APPROVAL.
In reviewing an area for a Single-Family Planned
Residential Development Option, in whole or in part, the
Planning Commission and Village Council shall not
approve any proposed single-family development unless
any portion of the area in question shall be within 360
feet of any of the following streets and thoroughfares:
Telegraph Road, Franklin Road, Thirteen Mile Road,
Fourteen Mile Road or Inkster Road, and one or more of
the following conditions are found to exist with regard
to the subject property:
(a) The subject parcel is of such a depth and/or width
or is shaped in such a way that it contains acute angles
which would make a normal subdivision difficult to
achieve in accordance with the strict letter of the
Schedule of Regulations provided in Appendix B following
the text of this Zoning Code.
(b) The parcel contains a flood plain or poor soil
conditions, including high ground water tables, which
result in a substantial portion of the total area of the
subject parcel being unbuildable. In such event,
satisfactory soil test borings, flood plain maps or
other documented evidence shall be submitted to the
Planning Commission as part of the application for a
planned development option in order to substantiate the
parcel's qualification for optional development.
(c) The subject parcel contains natural assets which
would be preserved through the use of a Single-Family
Planned Residential Development Option. Such assets may
include natural stands of large trees, natural habitat
for wildlife, unusual topographic features or other
unique and valuable conditions, such as flora, fauna and
still water waterways.
(d) The subject parcel is situated such that utilization
of the Single-Family Planned Residential Development
Option will allow flexibility of design and placement of
open space for increased insulation and protection for
the single-family residential units from major
thoroughfares.
(e) The subject parcel contains natural land forms which
are so arranged that the change of elevation within the
site includes both slopes in excess of eighteen percent
between the elevations and the topography of the subject
property, such that the grades are so steep that
building sites would be impossible unless the site were
mass graded, such as would destroy the natural
topography.
(Ord. 170. Passed 8-27-90.)
1252.06 CONDITIONS FOR DENIAL.
A request for a Single-Family Planned Residential
Development Option shall not be approved under any
circumstances when any of the following applies:
(a) The Village Council makes a finding that the
proposal would be contrary to the health, safety and
general welfare of the developed and established
residential areas in the immediate vicinity.
(b) The request would be contrary to the purpose of the
planned development option, which is solely to maintain
important natural assets and improve the open space and
residential characteristics of a given area.
(c) The request is not consistent with the goals and
objectives of the Village of Franklin Master Plan.
(d) The request is not consistent with the goals of
creating optional single-family residential developments
so as to create a sound and stable residential area and
improve the health, safety and welfare of surrounding
residential areas.
(e) The request would generate undue noise or vehicular
traffic, or create an inability to adequately deal with
on-site ground water or sanitary facilities based upon
existing conditions.
(f) The request, if approved, would conflict with or
violate deed restrictions applicablE to the subject
parcel.
(g) The request is not consistent with the Village of
Franklin Historic District or will impair or impede the
character or preservation of the Historic District or
structures within said Historic District.
(Ord. 170. Passed 8-27-90.)
1252.07 CONDITIONS FOR WAIVING SETBACK AND LOT SIZE
REQUIREMENTS.
In areas meeting the criteria provided for in this
chapter, the minimum dwelling unit setbacks and minimum
lot sizes per unit, as required by the Schedule of
Regulations provided in Appendix B following the text of
this Zoning Code, may be waived subject to the
following:
(a) No common party wall relationship is permitted.
(b) The minimum size dwelling unit shall be determined
by the respective zoning district in which the
development is located and as listed in Appendix B.
(c) Perimeter setback requirements shall be as provided
in Appendix B.
(d) There shall be a minimum distance of ten feet
between structures.
(Ord. 170. Passed 8-27-90.)
1252.08 PREPARATION AND SUBMITTAL OF PLANS.
The procedures for preparation and submittal of a plan
under this chapter shall be as follows:
(a) Ten copies of a plan of the development with a
written application shall be submitted to the Planning
Commission. All applications and plans shall be filed
with the Village Clerk.
(b) The plan must be drawn to scale and show the
arrangement of dwelling units, streets and open space.
Dimensions of the elements shall be shown but may be
approximated. It is the intent of this section that the
plan be done in sufficient detail to permit planning
review. At this stage, the Planning Commission shall
have the authority to require alterations to be made in
the plan or to require additional information if this is
found necessary to comply with the intent of this
section.
(c) The plan shall include:
(1) An overall map showing the relationship of the
property to its surroundings within one-half mile, such
as section lines and/or major and secondary streets.
(2) Property and lot lines and public and private
streets of adjacent tracts of subdivided and
unsubdivided property within 200 feet of the proposed
plan.
(3) The location of existing and proposed on-site
sanitary and water facilities within or immediately
adjacent to the proposed property.
(4) A survey by a registered surveyor showing topography
drawn at two-foot contour intervals, and a grid map
showing elevation at fifty-foot intervals; preliminary
landscaping plans, and all computations relative to the
acreage and density.
(5) All the natural assets of the property. The
preservation of drainage and natural stream channels
must be maintained by the developer and owner, and the
provision of adequate easements, where appropriate,
shall be required.
(6) A preliminary landscaping plan identified by size,
height and species and showing trees and vegetation to
be added and existing vegetation. Where berms are to be
employed, an elevation of such berms, together with
ground covering and vegetation shall be shown.
(7) Provision for intended vehicular and pedestrian
traffic, including signs, striping, walkways, pathways,
lighting and other provisions for protection of
vehicular and pedestrian traffic.
(8) Typical building elevations and floor plans in
sufficient detail to allow measurements of floor area,
height and property coverage.
(d) Plans submitted under this section shall be
accompanied by written statements regarding the
following:
(1) The proposed manner of holding title to the open
land, including the method and manner of preservation
and maintenance of such open spaces or natural areas, as
well as the manner for assessment of maintenance charges
and an organizational description of the responsible
entity.
(2) The proposed manner of payment of taxes.
(3) The proposed method of financing the maintenance and
development of the property.
(e) Upon receipt of all the necessary materials and
plans, the Planning Commission shall review all details
of the proposed plan within the framework of this Zoning
Code, the various elements of the Master Plan and the
intent of this chapter.
(Ord. 170. Passed 8-27-90.)
1252.09 PUBLIC HEARING.
The Planning Commission shall not take final action upon
a request for approval of a proposed plan until after
notices of a public hearing has been given according to
Section 1242.08 and a public hearing has been held.
(Ord. 170. Passed 8-27-90; Ord. 2006 03. Passed
11-13-06.)
1252.10 RECOMMENDATIONS BY PLANNING COMMISSION; APPEALS
TO COUNCIL; HEARING AND NOTICE.
If the Planning Commission is satisfied that the
proposal meets the spirit and intent of this Zoning Code
and the Village of Franklin Master Plan, it shall give a
favorable recommendation with the conditions upon which
such approval should be based. If the Planning
Commission is not satisfied that the proposal meets the
spirit
and intent of this Zoning Code, or finds that
recommendation of the proposal would be detrimental to
existing development in the general area and should not
be approved, it shall record reasons therefore in the
minutes of the Planning Commission meeting. If the
Planning Commission recommends approval of the proposal,
the Village Clerk shall place the matter upon the agenda
of the Village Council. If disapproval is recommended by
the Planning Commission, the applicant shall be entitled
to a hearing before the Village Council if he or she
requests one in writing within thirty days after action
by the Planning Commission. Such Council hearing shall
be held not later than ninety days after the date of
request for such hearing. The Village Council shall not
act upon the request until notice has been given
according to Section 1242.08 and a public hearing has
been held. In the event of an appeal to the Village
Council from an unfavorable recommendation by the
Planning Commission, the Council may base its review on
the record of the Planning Commission or may request
additional information. In each instance, the decision
of the Council shall be a final decision and shall not
be subject to further review other than by a court of
competent jurisdiction and based solely upon the record
made before the Village Council.
(Ord. 170. Passed 8-27-90; Ord. 2006-03. Passed
11-13-06.)
1252.11 COUNCIL ACTION RE PLANNING COMMISSION DECISIONS.
The Village Council shall have the authority to affirm,
reverse or modify any decision of the Planning
Commission, based upon the record of the Planning
Commission or upon new or additional information brought
to the attention of the Council, provided, however, that
it shall require a minimum two-thirds majority of the
Council to reverse or override any decision of the
Planning Commission rejecting or disapproving any
proposed plan under this chapter. Where the Village
Council may deem it appropriate, it may remand an
application to the Planning Commission for further
review, report or recommendation.
(Ord. 170. Passed 8-27-90.)
1252.12 COUNCIL APPROVAL; DEED RESTRICTIONS.
If the Village Council approves the plan, it shall
instruct the Village Attorney to prepare deed
restrictions setting forth the conditions upon which
such approval is based. The restrictions, after approval
by the Village Council, shall be binding upon the
property and the prospective purchasers. Said
restrictions shall include, but not be limited to:
(a) Penalty provisions for noncompliance with the
approved plan.
(b) A specified time period for development. Failure to
begin construction within six months of approval renders
said plan null and void, unless an extension is
requested, in writing, by the applicant, and the request
is reviewed by the Planning Commission and is granted by
the Village Council.
(c) A provision which will guarantee the completion of
the proposed improvements to the open land within a time
to be set by the Village Council.
(d) Provision for ownership, maintenance and
preservation of all areas designated as open space,
common areas or natural preservation areas. Such
restriction shall include provision for assessment for
maintenance charges for such areas and a detailed
description of the authority or organization responsible
for maintenance and preservation.
(e) Provision to permit inspection by Village or County
Officials for any on-site sanitary waste facilities or
components of any such facility or system.
(Ord. 170. Passed 8-27-90.)
1252.13 APPLICATION FEES.
An application fee shall be charged for the planning
review of requests under this chapter in the amount of
two hundred dollars ($200.00) per dwelling unit. This
fee is necessary and reasonably related to the expense
incurred in processing such requests and shall be paid
at the time of presenting the request to the Planning
Commission through the Village Clerk. Such fee shall be
in addition to, and not in place of, fees for site plan
review in accordance with Section 1268.30.
(Ord. 170. Passed 8-27-90.)
1252.14 SITE PLAN REVIEW.
(a) No building permit, nor any permission to begin
grading, land development or any construction activity
whatsoever, shall be issued by the Village of Franklin
until such time as the proposed development has received
site plan approval in accordance with Section 1268.30.
No requirement of Section 1250.05 shall be deemed to
waive, replace or eliminate any requirement for site
plan approval under Section 1268.30. Site plan review
pursuant to Section 1268.30 shall be required for any
development under this chapter.
(b) The developer or an applicant for a development
proposed hereunder may wait for final determination by
the Village Council on the application for planned
residential development before filing his or her
application for site plan approval under Section
1268.30.
(c) At the option of the applicant hereunder, the
applicant may combine his or her application for site
plan approval under Section 1268.30 with application for
planned residential development hereunder.
(1) Such combined application shall contain all drawings
and information required under Sections 1268.30 and
1250.05.
(2) The Village Planning Commission shall set an
appropriate application and review fee for such a
combination application.
(3) At any time during the review process, an applicant,
upon advice to the Village Clerk, may elect to sever the
application for site plan review to await final
determination of the application for planned residential
development under this chapter.
(4) Any such combined application shall be clearly
designated as: AAPPLICATION FOR SINGLE-FAMILY PLANNED
RESIDENTIAL OPTION AND APPLICATION FOR SITE PLAN
REVIEW.@
(5) Approval of an application for planned residential
development shall not be construed as waiving or
eliminating any requirement or procedure for site plan
approval nor in any manner be deemed to assure or
guarantee approval of a proposed site plan submitted
pursuant to Section 1268.30.
(Ord. 170. Passed 8-27-90.)
1252.15 NUMBER OF DWELLING UNITS.
Notwithstanding any other provision of this chapter, the
number of dwelling units in a planned residential
development option site plan shall not exceed the number
of dwellings that could have otherwise been built on the
site without the planned residential development option.
(Ord. 170. Passed 8-27-90.)
