Hello,

Thank you for reaching out to MSU Extension with your question about a zoning amendment to rezone a property as a planned unit development (PUD).

Generally speaking rezoning decisions do not establish a legal precedent in the way that case law may (i.e. From no on all situations like this shall be handled in this way going forward) . Each rezoning decision should be approached based on the vision and goals laid out in the community's adopted master plan, zoning plan, future land use plan for that particular area. According to the Cornell Law School, for a precedent to apply the facts of the case have to involve identical or similar facts. Given the variation from one property to another in physical characteristics, planning, current uses, and more it is hard to imagine two rezoning decisions that would have an identical sets of facts. Further, PUD decisions should follow the process outlined in the local zoning ordinance for PUDs. The MSU Extension article "Planned unit development provides flexibility in local zoning" provides more information on this process:

"The first option is to handle the PUD like a zoning amendment. When done this way, it is a legislative, or policy decision, and the legislative body makes the final approval (township board, village council, city council, county board of commissioners). The zoning ordinance must also specify:

• Conditions for eligibility
• Participants in review process
• Requirements, standards for review
• Procedures for application, review
• Planning commission recommends, legislative body adopts amendment"

Any future PUD would need to comply with the process and standards laid out in the local ordinance at that time. Local officials may consider how those standards have been applied in the past to ensure consistency, recognizing that there are likely nuances to each property and rezoning request being considered.