[Amended 9-20-2016 by Ord. No. 218]
This chapter provides enabling authority and standards for the submission, review, and approval of planned unit developments (PUDs) as a zoning district within the City. The intent of a PUD is to provide regulation for developments that would result in recognizable and substantial benefits to the ultimate users of a project, and to the community in general, where such benefits would be unfeasible or unlikely to be achieved under the requirements of the other districts in this ordinance. Any planned unit development shall be designed to accomplish the following objectives:
A. 
To encourage the use of land in accordance with its natural character and adaptability;
B. 
To promote the conservation of land, natural features and resources;
C. 
To encourage innovation in land use planning and development;
D. 
To promote the enhancement of housing, commercial and industrial employment, traffic circulation, and recreational opportunities for the residents of the City of New Buffalo;
E. 
To promote and ensure greater compatibility of design and better use between neighboring properties;
F. 
To promote more economical and efficient use of the land while providing harmonious variety of housing choices and the integration of necessary commercial and community facilities;
G. 
To promote the preservation of important natural features, including wetlands, wooded areas, high-quality viewsheds, and unique vegetation, and promote their inclusion in permanent open space areas; and
H. 
To allow phased construction with knowledge that subsequent phases will be approved as originally approved by the City.
The provisions of this article are not intended as a device for ignoring the Zoning Ordinance, or the planning upon which it has been based. The provisions of this article are intended to result in land use development that is substantially consistent with the goals and objectives of the City's General Development Plan, this ordinance, and with sound planning principles.
A landowner may seek approval for a PUD District subject to the following requirements:
A. 
Minimum size. The minimum size of a PUD shall be two acres of contiguous land, unless the Planning Commission finds that consideration of a PUD on lesser acreage substantially accomplishes the intent of the General Development Plan, meets the Intent and Objectives of Section 30-1801, and permits an improved layout of land uses, roadways, or other site features that could not otherwise be achieved under normal zoning.
B. 
Conditions to be met. The proposed development must also demonstrate at least two of the following conditions:
1. 
The proposed PUD would contain two or more separate and distinct uses, for example, single-family and multiple-family dwellings.
2. 
The PUD site exhibits significant natural features which will be preserved as a result of the PUD plan.
3. 
The PUD site has distinct physical characteristics which make compliance with the strict requirements of this ordinance impractical.
4. 
The proposed design of the PUD includes innovative development concepts that substantially promote the intent and objectives of Section 18-1, or permit an improved layout of land uses, roadways, or other site features that could not otherwise be achieved under normal zoning.
A. 
Preapplication conference. The applicant shall contact the Zoning Administrator to schedule a preapplication conference with the Planning Commission. At this conference, the Planning Commission shall inform the applicant of information needed, and the process to be followed for review. A fee is not required for this conference. No action shall be taken at the preapplication conference, nor shall any statements made at the conference be considered binding. The following minimum information shall be submitted to the Zoning Administrator at least 10 days prior to the meeting:
[Amended 9-20-2016 by Ord. No. 218]
1. 
A concept plan for the development showing the approximate number of residential units to be constructed for residential projects, and floor area of nonresidential uses.
2. 
The total land area of the project.
3. 
Identification of significant natural features, including floodplains, wetlands, steep slope areas, high-risk soil erosion areas, and wooded areas.
4. 
Areas to be designated as common areas or open spaces.
5. 
Adjacent land uses, buildings and facilities, public or private.
B. 
Application submittal. At a minimum, the PUD application shall include sufficient copies of the following:
1. 
A completed application form as provided by the City along with the required fee as established by the City Council. Such application shall include a signature of the owner or party having an equitable interest in the property, authorizing the submittal of the PUD.
2. 
The applicant shall submit a draft of the site development regulations proposed for the property and the project. These regulations may address uses permitted, setbacks, building materials, landscape guidelines, parking requirements, utility standards, and other similar site development regulations. For any site development standard not addressed in this draft the zoning ordinance standards shall apply.
3. 
The site development plan prepared in accordance with Article 19, Site Plan Review. For multi-phased PUD's the site development plan may be submitted for Phase 1 of the project, with a conceptual plan being shown for the remaining phases. A conceptual plan shall consist of identification of uses, residential density, estimated parcel or lot sizes, and the general street layout. Subsequent phases shall be required to undergo the full site plan review process, and shall be required to meet the requirements of the zoning ordinance and the PUD ordinance as applicable.
4. 
In addition to the information required for submittal for site plan review, the following information shall also be submitted, unless waived by Planning Commission at the pre-application conference.
a. 
A general description of the project and a statement of how the PUD meets the intent of this article as stated in Section 18-1, and how the PUD meets the qualifying conditions stated in Section 18-2.
b. 
Architectural sketches showing building heights, external wall finishes, location of building entry ways, lighting elements, and other architectural features.
c. 
Site plan information not required in Article 19, but required to show compliance with the proposed PUD ordinance.
d. 
A list of departures from Zoning Ordinance regulations that will be required, and a statement of why these departures will not present a design problem from a planning perspective.
e. 
Legal documentation of a single ownership or control in the form of agreements, contracts, covenants, or deed restrictions which indicate that the development can be completed as shown on the plans, and further, that all portions of the development that are not to be maintained or operated at public expense will continue to be operated and maintained by the developers or their successors.
f. 
A construction schedule detailing the completion of the proposed improvements. project phasing shall also be identified if applicable.
5. 
Depending on the size and complexity of the project, the City staff, Planning Commission, or City Council may request other information deemed pertinent to the proposed development. Such information may include, but is not limited to: traffic assessment, environmental impact assessment, fiscal impact assessment, market needs assessment, and utility impact assessment.
6. 
The application shall not be considered complete, and shall not be considered formally accepted by the City, until it is reviewed by the City and been found to have all required submittal information and appropriate fees.
C. 
Public hearing. A public hearing on the proposed PUD and site development plan shall be conducted by the Planning Commission. Public hearings shall not be required for subsequent phases of a multi-phased project. Notice of such hearing shall be published in accordance with the requirements of the City of New Buffalo Zoning Ordinance for ordinance amendments and shall contain:
[Amended 9-20-2016 by Ord. No. 218]
1. 
A general description of the planned unit development project being requested.
2. 
The boundaries of the property which is subject to the request.
3. 
The date, time, and location of the public hearing.
4. 
The location and deadline for written comments to be received concerning the request.
D. 
Planning Commission recommendation. Within a reasonable time following the public hearing, the Planning Commission shall make a recommendation regarding the PUD to the City Council for denial, approval, or approval with conditions. The recommendation shall include a written report stating the Planning Commission's recommendations, and any conditions relating to an affirmative recommendation. The Planning Commission shall base its recommendation on the standards set forth in Subsection E(1)(a) through (d), and the required written report shall document findings of fact to support the Planning Commission recommendation to City Council.
[Amended 9-20-2016 by Ord. No. 218]
E. 
City Council action.
1. 
Within a reasonable time of the action of the Planning Commission, the City Council shall consider the request for PUD zoning and the applicable development plan, and deny, approve, or approve with conditions, the application. A planned unit development shall not be approved unless the City Council, after recommendation of the Planning Commission, finds that the following conditions are met:
a. 
Site plan review standards of Section 19-9.
b. 
The intent and objectives and qualifications for a PUD as outlined in this article.
c. 
The general PUD design considerations of Section 18-6.
d. 
The proposed design and uses are consistent with the City of New Buffalo Master Plan.
2. 
The PUD approval shall not take effect until all conditions imposed as part of the Council action have been agreed to, in writing, by the applicant and applicable changes made to the final site plan.
A. 
For single-phase PUDs. Approval of a PUD and site development plan shall constitute an amendment to the Zoning Ordinance and Zoning Map to designate the subject property as a "PUD, Planned Unit Development." The development regulations applicable to the PUD will be those included in the ordinance creating the PUD and those contained on the final site plan for the PUD (with conditions as attached to the PUD approval). For those site development areas not addressed in either the PUD or site plan, the zoning ordinance regulation shall continue to apply.
B. 
For multi-phased PUDs. Approval of a multi-phased PUD shall confer PUD zoning on the entire project. All subsequent phases of a PUD shall be required to submit to the full site plan review process with the required information to be submitted being the same as for the first phase. Subsequent phases of the PUD shall conform to the uses, general layout, and concepts illustrated in the initial conceptual plan. A public hearing shall not be required after the first phase, unless it is determined by the Planning Commission or the City Council that the phase is a significant change from the initial concept plan which served as the basis for the PUD zoning approval.
A. 
Expiration date for failure to start. Approval of the PUD development plan shall expire and be of no effect unless substantial construction has commenced within one year of the date of approval of the Plan or any phase thereof. An extension for a specific period may be granted by the City Council upon good cause shown, only if such request is made in writing to the City Council prior to the expiration date.
B. 
City council options upon expiration. In the event an approved PUD development plan has expired, the City Council may rezone the property in accordance with the provisions of Section 22-4 concerning amendments.
C. 
Expiration conditions for multi-phased PUDs. In the case of a PUD proposed to be completed in phases, the expiration of plan approval shall only be effective for each phase after approval.
All planned unit developments and phases thereof, shall comply with the following general design standards:
A. 
Site plan review standards. Site plan review standards contained in Section 19-9 of this ordinance.
B. 
General provisions. General provisions contained in Article 3 of this ordinance.
C. 
Independency of phases. The project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space.
D. 
Building compatibility. The proposed buildings within the PUD, including consideration for bulk, placement, architecture, and type of materials shall be compatible with like buildings within the PUD as well as generally compatible with buildings in the general vicinity.
E. 
Building materials. Building material standards shall be included in the PUD ordinance that ensure compatibility within the PUD and with nearby surrounding buildings. Exterior colors shall be of low reflectance, subtle, neutral or earth tone colors. High intensity colors such as black, neon, metallic or fluorescent for the facade and/or roof of the building are prohibited except as approved for building trim.
F. 
Open space. A minimum of 20% of the entire PUD area shall be provided in permanent open space. The permanent retention of this open space area shall be provided for in the PUD ordinance and illustrated on the development plan. This required open space area shall serve to preserve the highest quality natural features present on the site. Such areas may include woodlands, wetlands, floodplains, water bodies, and areas of unique vegetation. Open space areas shall also be designed to be contiguous to the extent possible. Required setbacks, road right-of-way or easements, and stormwater detention areas shall not be counted toward the open space requirement.
G. 
Access management. The following access regulations shall be required in addition to those contained in Article 3, General Provisions.
1. 
As a general guideline, PUDs shall be designed to minimize the need for driveways or street outlets onto adjacent public streets.
2. 
Where feasible driveways serving individual buildings or groups of buildings shall be located on a street that is internal to the project site.
3. 
Where feasible, cross-access drives between commercial uses shall be provided.
4. 
A maximum of one driveway or street opening per existing public street frontage shall be permitted for the PUD. Additional driveways may be permitted provided that such drive is constructed and permitted to share access with other uses within the PUD, or an adjoining principal use or existing lot. The Planning Commission may permit additional driveways, if justified by a professional traffic study provided by the applicant or owner indicating the need for such additional driveways.
Uses permitted within a planned unit development (PUD) include the following:
A. 
All uses permitted by right or special use permit in any zoning district, and determined by the Planning Commission and City Council to be appropriate for the PUD, based on Section 18-7B.
B. 
The determination of what uses may be permitted shall be made based on the following criteria:
1. 
Degree to which the proposed uses are compatible with the City general development plan, and permitted uses in the current zoning district.
2. 
Compatibility of the proposed uses with all uses proposed for the PUD.
3. 
Compatibility with existing or expected development surrounding the PUD.
4. 
Assessment of the need for the proposed use(s).
5. 
The market compatibility of the proposed use with other uses in the PUD.
6. 
The potential impact of each use on public services and facilities in the vicinity of the site, including but not limited to traffic, water, sewer, police, fire and schools.
A. 
Minimum density. Residential densities for PUDs shall be based on the minimum lot size and maximum density permitted in the most restrictive residential zoning district which permits each of the individual residential uses. The applicant shall prepare a site plan under the conventional zoning district site development requirements to be called the "parallel plan." This plan shall be prepared using the minimum lot size for the conventional zoning district(s), with all lots being buildable. The number of dwelling units which can be built under the parallel plan will be the minimum number of units allowed under the PUD, with additional units being possible using the following bonus criteria.
B. 
Density bonus criteria. The density bonus shall be based on an aggregate of one or more of the following elements for which the Planning Commission and the City Council determines the PUD qualifies; provided the total density bonus shall not exceed a maximum of 50%:
1. 
A high level of clustered development with common open space exceeding the requirements of Section 18-6F may qualify for density bonuses in accordance with the following:
a. 
Twenty-five percent of open space: 5% density bonus.
b. 
Thirty-five percent open space: 15% density bonus.
c. 
Forty-five percent open space: 20% density bonus.
2. 
Inclusion of an integrated mixture of housing types, such as detached housing with attached housing or multiple-family dwellings may qualify for up to a 5% density bonus.
3. 
Including a restriction in the PUD prohibiting the removal of tree cover beyond a one-hundred-foot distance from a dwelling unit may qualify for up to a 5% bonus.
4. 
Providing active recreational facilities such as a golf course, baseball diamond, tennis court, basketball court or community clubhouse may qualify for up to a 5% density bonus.
5. 
Cleanup of site contamination consistent with a baseline environmental assessment (BEA) approved by the Michigan Department of Environmental Quality may qualify for up to a 10% density bonus.
6. 
Combining parcels under different ownership for the PUD project may qualify for up to a 10% density bonus.
7. 
Preserving natural features such as wooded areas, wetlands, floodplains, and unique vegetation areas may qualify for up to a 5% bonus, depending on the degree of preservation and preservation plan.