New Haven City Zoning Code
ARTICLE XVI
Planned Unit Development Overlay District
§ 515-70 Intent.
A.
The intent of the Planned Unit Development (PUD) Overlay District is to encourage innovation and to allow the most efficient use of land through regulatory flexibility. The PUD overlay district replaces the rigid use and bulk specifications with the more flexible regulations contained in this article.
B.
The planned unit development (PUD) permitted under this article shall be considered as an option to the development permitted in all zoning districts and shall be mutually agreeable to the developer and the Village. Development under this section shall be in accordance with a comprehensive site plan establishing functional use areas, density patterns, and vehicular and pedestrian circulation systems. The development is to be in keeping with the physical character of the Village and the area surrounding the proposed development, preserving as much natural vegetation and terrain as possible.
C.
A PUD may be approved in any location in the Village, subject to the provisions of this article.
§ 515-71 General requirements for planned unit development.
A.
PUDs may be permitted after review and recommendation of a site development plan by the Planning Commission and approval of the Village Council per § 515-72, PUD application and review.
B.
PUDs are subject to the following basic land conditions:
(1)
PUD may be permitted in all zoning districts.
(2)
A PUD site must be under the control of one owner or group of owners with a unified development plan.
(3)
The proposed development must be in basic accord with the intent of the PUDs.
(4)
The Village may also qualify sites where an innovative, unified, planned approach to developing the site would result in a significantly higher quality of development, the mitigation of potentially negative impacts of development, or more efficient development than conventional zoning would allow.
(5)
The minimum PUD site size shall be five acres.
(6)
The development shall be designed as an entity, intended to be developed within five years of its approval if less than 50 acres and 10 years if more than 50 acres.
C.
Uses permitted.
(1)
All uses permitted as principal uses or special approval land uses and accessory uses permitted in all zoning districts. Multiple uses contained in a PUD must be complementary in nature. If a PUD includes residential uses, the housing types may be clustered to preserve common open space, in a design not feasible under the underlying zoning district regulations. The PUD must provide a complementary variety of housing types and/or a complementary mixed-use plan of residential and/or nonresidential uses that is harmonious with adjacent development.
D.
Residential density.
(1)
The maximum permitted densities within a PUD shall be governed by the zoning district in which it is located. The overall dwelling density for single or multiple-family residential districts cannot exceed the maximum dwelling unit density computed for the entire gross site area based on the allowable density of the underlying zoning district.
(2)
The Village Council, after receiving a recommendation from the Planning Commission, may approve an increase in the overall residential density up to 20%, based upon the density permitted in the underlying zoning district. To determine the percentage of density bonus granted, the Planning Commission and Village Council shall consider whether the PUD proposal will meet one or more of the following:
(a)
Preserve significant natural features (such as wetlands, floodplains, woodlands, or steep slopes) that otherwise would not be preserved with the underlying zoning;
(b)
Provide high-quality architectural design through the use of natural and durable building materials (such as brick and stone), recessed, side entry or rear entry garages, or substantial variation in building elevations;
(c)
Provide landscaping and buffering from adjacent sites and from nonresidential land uses within the proposed PUD that significantly exceed the requirements of the chapter;
(d)
Preserve historic structures and site features; and
(e)
Other public benefits demonstrated by the applicant.
(3)
A majority of the proposed residential units within all residential districts must be developed as either single-family, two-family, or multiple-family as determined by the underlying zoning.
(4)
All PUD proposals with residential land uses shall maintain 20% of the gross area of the site as permanent open space, guaranteed by an irrevocable covenant that is found acceptable to the Village Council and Village Attorney. Not more than 50% of the existing wetland, floodplain, open water bodies, and "wet" stormwater detention/retention areas on the site shall be counted as part of the open space required for a PUD with residential land uses.
E.
Mixed use and commercial PUDs.
(1)
A PUD may include residential and nonresidential uses as determined by the Village Council after review and recommendation of the Planning Commission. The use of creative development concepts including mixed uses should be used to create commercial nodes and gateways and facilitate renovation of existing retail centers as opposed to creating strip commercial centers along major thoroughfares.
(2)
Setback and other dimensional requirements of the underlying zoning district(s) shall be used as guidelines for reviewing a proposed mixed-use or commercial PUD, which requirements may be modified by the Village Council to achieve the intent of the PUD after review and recommendation of the Planning Commission.
(3)
Permitted commercial uses shall be limited to those determined by the Village Council, after review and recommendation of the Planning Commission, to be suitable for the site and compatible with the surrounding area. Any uses listed as special approval land uses shall be required to comply with specific conditions relating to such uses, although no additional review process is needed, other than the PUD approval process.
(4)
Attached residential units may be permitted as a transitional use between commercial uses and lower density residential in a mixed-use PUD where the underlying zoning is commercial.
(5)
Elderly housing may be permitted in a mixed-use or commercial PUD. The permitted dwelling unit density of the elderly housing component shall be evaluated based upon the type of elderly housing proposed (i.e., independent, assisted, etc.), the conditions of the site, anticipated traffic impacts, and character of surrounding uses and the neighborhood.
F.
Where the underlying district is residential, no industrial uses shall be permitted. Furthermore, nonresidential uses shall not comprise more than 20% of the land area when the underlying zoning is residential, provided the Planning Commission finds that the appropriate buffering between residential and nonresidential land uses is provided.
G.
Where the underlying zoning is LI or HI, no residential land uses shall be permitted.
H.
Design and layout conditions. The Planning Commission and Village Council shall use any applicable standards for approval contained in Village ordinances related to land use and any adopted development guidelines.
(1)
Where a planned or proposed major, secondary, or collector thoroughfare is included partially or wholly within the project area of a PUD, such portion of the roadway shall be provided as a public right-of-way with the width standards as stated in the master road plan for the right-of-way. The alignment of the roadway shall be in general conformance to the proposed alignment as shown on the master plan.
(2)
In order to provide an orderly transition of density, where the project being proposed for use as a PUD immediately abuts a residential district, (not including districts separated by a major thoroughfare), the Village may require that the area immediately abutting the district shall be developed with a like development or landscaped open space.
(3)
Site design standards should include frontage beautification, buffering devices, landscaping, walkway linkages, controlled vehicular access, and attractive signage.
I.
Dimensional standards.
(1)
All yards, height, bulk, minimum floor area, lot coverage, lot area, and lot width requirements for single-family development shall be in conformance with the requirements of the applicable zoning districts, including special development options, unless otherwise modified by the approved development plan. Minimum separation between detached units shall be nine feet.
(2)
Single-family residential uses shall comply with the height and minimum floor area regulations specified in the Schedule of Regulations.[1] Lot area, width and setbacks may be reduced if approved by the Village Council, after recommendation by the Planning Commission.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
(3)
Multiple-family residential uses shall comply with all dimensional requirements specified in Article XVII, Schedule of Regulations, and development regulations provided in the MF Zoning District.
(4)
Office, commercial, research and development, and industrial land uses shall comply with all dimensional requirements specified in Article XVII, Schedule of Regulations, and development regulations for the least intensive zoning district that permits a proposed land use.
(5)
All other uses permitted within the applicable districts shall be subject to the requirements of the respective districts unless otherwise modified by the approved development plan.
§ 515-72 PUD application and review.
A.
The applicant shall submit an application and site plan for the proposed PUD in accordance with the requirements of § 515-100 of this chapter.
B.
The Planning Commission shall review the application and site plan and set a date for a public hearing.
C.
The Planning Commission shall conduct a public hearing and submit a recommendation to the Village Council. In reviewing the application and site plan, the Planning Commission shall consider the following:
(1)
The PUD will result in a recognizable and substantial benefit to the ultimate users of the development and to the community, as demonstrated by the applicant, where such benefit would be an unlikely result if strict application of the article requirements were applied.
(2)
In relation to uses permitted by the underlying zoning, will the proposed PUD result in an unreasonable increase in traffic, the use of public services and facilities, or have an adverse impact on surrounding property? The Planning Commission should consider the following: the PUD location, density, adequacy of schools, parks and other public facilities, traffic volumes and circulation, compatibility with existing development, adequate provision for light and air, and accessibility for fire and police protection.
(3)
Is the proposal compatible with goals and objectives of the Village Master Plan or specific elements thereof that have been officially adopted by the Planning Commission?
(4)
Are the exceptions or variations from district regulations within the limitations of this chapter?
D.
Within 60 days after the Council receives a recommendation from the Planning Commission, the Council shall review the proposed PUD and either approve, deny or approve with conditions the PUD. The Council may require the applicant to resubmit a revised plan with conditions for approval to the Planning Commission prior to final PUD approval. The Village Council shall require all standards and conditions of approval to be incorporated in a development agreement. The agreement shall be prepared by the Village Attorney, approved by Village Council and signed by both the Village and the applicant. Once executed the document shall be recorded with the Macomb County Register of Deeds Office.
E.
The development agreement must include:
(1)
A survey of the acreage comprising the proposed development.
(2)
The manner of ownership of the developed land.
(3)
The manner of the ownership and of dedication or mechanism to protect any areas designated as common areas or open space.
(4)
Provision assuring that those open space areas shown on the plan for use by the public or residents of the development will be or have been irrevocably committed for that purpose. The Village may require conveyances or other documents to be placed in escrow to accomplish this.
(5)
Satisfactory provisions have been made to provide for the future financing of any improvements shown on the plan for site improvements, open space areas, and common areas which are to be included within the development, and that maintenance of such improvements is assured by a means satisfactory to the Village Council.
(6)
The cost of installing and maintaining all streets and the necessary utilities has been assured by a means satisfactory to the Village Council.
(7)
Provisions to ensure adequate protection of natural features.
(8)
The preliminary site plan shall be incorporated by reference and attached as an exhibit.
F.
Effect of approval.
(1)
The approval of the PUD shall allow the Building Inspector and/or Zoning Administrator to issue zoning compliance permits in conformity with the application as approved.
(2)
Upon the abandonment of a planned unit development authorized under this section or upon the expiration of a time period as set by the Village Council (commencement date must be specified on the application) in the authorization hereunder of a planned unit development which has not by then been commenced, such authorization shall expire.
§ 515-73 PUD amendments.
A.
Minor modifications may be approved by the administration subject to the findings that:
(1)
Such changes will not adversely or substantially affect the initial basis for granting approval;
(2)
Such changes will not adversely or substantially affect the overall PUD considering the intent and purpose of such development as set forth in § 515-70, Intent;
(3)
For residential buildings, the size of the structures may be decreased, or increased by up to 5% provided the overall density of units does not increase;
(4)
Square footage of nonresidential buildings may be decreased or increased by up to 5% or 10,000 square feet, whichever is less.