[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.
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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.
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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.
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.
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]
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:
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:
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.
