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New Buffalo City Zoning Code

ARTICLE 7

Planned Unit Development

Section Z7-01 Intent and purpose.

The purpose of the regulations, standards, and criteria contained in this article is to provide an alternative procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design, when sufficiently justified under the provisions of this article. The objective of the planned unit development standards is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result should fulfill the objectives of City plans and policies, including but not limited to the Master Plan, while departing from the strict application of the regulations of this Ordinance. The planned unit development standards are intended to permit and encourage such flexibility and to accomplish the following purposes:
A. 
To stimulate creative approaches to the commercial, residential, and mixed-use development of land;
B. 
To provide for more efficient use of land;
C. 
To preserve natural features and provide open space areas and recreation areas in excess of that required under existing zoning regulations;
D. 
To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities;
E. 
To unify buildings and structures through design;
F. 
To promote long term planning, pursuant to the Master Plan and other relevant plans and City policies, which will allow harmonious and compatible land uses or combination of uses with surrounding areas.

Section Z7-02 General provisions.

A. 
The following may only approved as a planned unit development in accordance with this Ordinance:
1. 
Any development containing non-residential uses that would result in 10,000 square feet or more of gross floor area.
2. 
Any development in areas identified as Conservation Development in the future land use map of the Master Plan.
B. 
Any development containing uses other than single-family residential uses may be approved as a planned unit development.
C. 
Each planned unit development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a planned unit development solely upon an already existing planned unit development except to the extent such planned unit development has been approved as part of a development master plan.
D. 
The burden of providing evidence and persuasion that any planned unit development is necessary and desirable shall rest with the applicant.

Section Z7-03 Planned unit development relation to base district standards.

A. 
A planned unit development, if approved, shall constitute an overlay district, and all base district designations shall be maintained.
B. 
A planned unit development, if approved, may incorporate modifications to the base district standards that shall become part of the overlay district. All such modifications shall be referred to as site development allowances.
C. 
Notwithstanding any limitations on waivers or modifications of standards contained elsewhere in this Ordinance, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the planned unit development application and demonstrates how each site development allowance:
1. 
Would be compatible with surrounding development;
2. 
Is necessary for development of the site in accordance with the purposes of this section; and
3. 
Incorporates a minimum of one of the modification standards detailed in Section 7-04.
D. 
All approved site development allowances shall be delineated in the ordinance approving the planned unit development and shall be considered the standards of the planned unit development Overlay District as it applies to the subject property.

Section Z7-04 Modification standards.

An applicant seeking a site development allowance shall be required to justify each request through the provision of tangible benefits to the City of New Buffalo by meeting a minimum of one of the modification standards detailed below per requested site development allowance.
A. 
Landscape conservation and enhancement. The planned unit development preserves, restores, or enhances landscape elements, trees, and natural features, such as rivers, streams, ponds, groves, and landforms.
B. 
Sustainable design. The planned unit development is designed with demonstrable reductions in energy consumption and/or stormwater management as a result of methods of site design and building location, architectural design of individual buildings, and landscaping design.
C. 
Public gathering space. The planned unit development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of elements or features such as moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, or pedestrian-scaled and celebratory lighting such as string lights. The public gathering space is integrated into the overall design of the planned unit development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character.
D. 
Mix of uses. The planned unit development is comprised of a mix of non-residential uses and/or a mix of two or more housing unit types.
E. 
Placemaking. The planned unit development has a distinctive identity and brand that is carried through design features in a manner that fosters a cohesive visual character for the public areas, incorporated in the design of features including but not limited to sign design, unique streetscape elements, architectural features, the creation of public gathering spaces, the incorporation of natural areas, parks, and trails, and other elements of site design.
F. 
Affordability. The planned unit development includes at least 15% of the total residential dwellings deed restricted for households that make less than or equal to 80% of the area median income as defined by the US Department of Housing and Urban Development.
G. 
Universal design. The planned unit development includes buildings and site features designed with accessible features such as level access from the street and/or zero entry thresholds.
H. 
High-quality building materials. The planned unit development uses time- and weather-tested building materials that are of a higher quality than what is otherwise required by this Ordinance.

Section Z7-05 Standards of review.

The following standards for review shall be utilized in the review of a planned unit development application as a whole, including any requested site development allowances and the modification standards proposed to justify those requests. No application for a planned unit development shall be approved unless the City Council finds that the application meets all of the following standards:
A. 
Plan and policy alignment. The planned unit development is consistent with the goals, objectives, and policies set forth in the Master Plan and other adopted plans and policy documents of the City.
B. 
Placemaking. The planned unit development has a distinctive identity and brand that is carried through the sign designs, unique streetscape features, architecture, public gathering spaces, open spaces, etc.
C. 
Integrated design with identifiable centers and edges. The planned unit development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various included land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space.
D. 
Public welfare. The planned unit development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.
E. 
Compatibility with adjacent land uses. The planned unit development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts shall be mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties.
F. 
Impact on public facilities and resources. The planned unit development is designed so that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it.
G. 
Archaeological, historical or cultural impact. The planned unit development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development.
H. 
Drives, parking and circulation. The planned unit development makes adequate provision to provide necessary parking. Principal vehicular access is from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation (including walkways, interior drives, and parking), special attention has been given to the location and number of access points to public streets, the width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe, convenient, and do not detract from the design of proposed buildings and structures and the neighboring properties. Access points are limited through the use of cross access connections.

Section Z7-06 Application procedure.

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.
B. 
Notice required. Written notice and published notice shall be provided as specified in Section Z8-04B in advance of the Planning Commission public hearing.
C. 
Planning Commission public hearing. A public hearing on the proposed planned unit development shall be conducted by the Planning Commission. Notice of such hearing shall contain:
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 planned unit development to City Council. The Planning Commission shall base its recommendation on the standards set forth in Section 7-05, and the required written report shall document findings of fact to support the Planning Commission recommendation to City Council and any recommended conditions. The Planning Commission shall make one of the following recommendations to the City Council:
1. 
Recommend approval of the planned unit development;
2. 
Recommend approval of the planned unit development with conditions;
3. 
Recommend denial of the planned unit development.
E. 
City Council action. Within a reasonable time after the Planning Commission public hearing, the City Council shall consider the request for planned unit development and the Planning Commission's recommendation and take one of the following actions following a public hearing noticed per Section Z8-04B:
1. 
Approve the planned unit development;
2. 
Approve the planned unit development with conditions;
3. 
Deny the planned unit development;
4. 
Refer the planned unit development back to the Planning Commission for further review.
F. 
The planned unit development approval shall not take effect until all conditions imposed as part of the City Council action have been agreed to, in writing, by the applicant and applicable changes made to the final site plan.

Section Z7-07 Amendments to approved planned unit developments.

A. 
Determination. Upon receiving an application to amend a previously approved planned unit development, including the information required by the Zoning Administrator, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section Z7-07B below.
B. 
Major amendment. A major amendment is any proposed change to an adopted planned development that results in one or more of the following changes:
1. 
Increase in density;
2. 
A 5% increase in impervious surface;
3. 
Reduction of open space by more than 5%;
4. 
Modification of the proportion of housing types;
5. 
Increase in the approved gross floor area by more than 500 square feet;
6. 
Alteration of the alignment of roads, utilities, or drainage;
7. 
Modification of any other site feature inconsistent with any standard or condition imposed by the City Council in approving the planned unit development, as determined by the Zoning Administrator.
C. 
Minor amendment. A minor amendment is any proposed change to an approved planned unit development that is consistent with the standards and conditions upon which the planned unit development application was approved and planned unit development adopted, which does not alter the concept or intent of the planned unit development and is not considered a major amendment as detailed in Section Z7-07B.
D. 
Approval processes.
1. 
A major amendment to an adopted planned unit development shall follow the procedure set in Section 8-04.
2. 
A minor amendment to an approved planned unit development may be approved by the Zoning Administrator.