[Amended 12-18-2007 by Ord. No. 339]
A. 
The planned development district provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of the Zoning Code and with the City's Comprehensive Plan. The planned development district has no set standards and specifications. A developer may propose uses or combinations of uses and configurations of intensity and density of development. Through a process of Plan Commission review, public hearing and Common Council review and approval, accompanied by discussions with the developer and, as appropriate, with other interested parties, an agreement may be reached between the property owner and the City. The terms of the agreement constitute the zoning requirements for the property. These requirements have the same legal force and effect as do standard zoning requirements.
B. 
As a general rule, the project size should be at least 96,000 square feet to achieve the community benefits of PDD zoning. Projects encompassing less than 96,000 square feet are presumptively too small, but may still be submitted and considered.
As a basis for determining the acceptability of a planned development district, the following criteria shall be applied to the general implementation plan, with specific consideration as to whether or not it is consistent with the general purpose and intent of the City's Zoning Code and Comprehensive Plan, whether it has been prepared with competent professional expertise and guidance, and whether it produces significant community benefits of an environmental design nature or otherwise that compensate for modifications in normal zoning requirements.
A. 
Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall:
(1) 
Respect the physical attributes of the site, with particular concern for preservation of natural features, tree growth and open space.
(2) 
Produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with development prospects for the area.
(3) 
Not adversely affect the anticipated provision of school or municipal services.
(4) 
Not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
B. 
Economic feasibility and impact. The proponents of a planned development district shall provide evidence satisfactory to the Plan Commission and the Common Council that the project will not adversely affect the economic prosperity of the City or the values of surrounding properties.
C. 
Engineering design standards. Streets and other ways, outdoor lighting, provision for stormwater drainage, sanitary sewer service, water supply, or other similar environmental and municipal engineering considerations shall be based on appropriate standards necessary to implement the specific function and the specific situation; provided, however, that in no case shall standards be less than those necessary to achieve the public health, safety and welfare as determined by the City.
D. 
Preservation and maintenance of open space in a planned development district. Provision shall be made for the preservation and maintenance of open spaces either by public reservation or dedication to public entities or commitment to preservation by a private entity. PDD contracts shall contain specific reference to the ownership of such open space areas and to provision for maintenance.
A. 
The procedure for rezoning to a planned development district shall be as required for any other zoning district change under this Code, except that in addition thereto, the following information describing a general implementation plan shall be filed by the applicant with the City's Zoning Administrator:
(1) 
A map of the project area, including its relationship to surrounding properties and topography and other key features.
(2) 
A statement of rationale as to why planned development district zoning is proposed. This shall identify barriers that the developer perceives in the form of requirements of standard zoning districts and opportunities for community betterment the developer suggests are available through the proposed planned development district zoning.
(3) 
Brief analysis of social and economic impacts on the community of the project, and positive relationships to the Comprehensive Plan.
(4) 
A general development plan of the proposed project showing at least the following information in sufficient detail to make possible evaluation against criteria for approval:
(a) 
Public and private roads, driveways and parking facilities.
(b) 
Land uses and size, arrangement and location of lots and proposed buildings or groups of buildings.
(c) 
The types, size and location of structures.
(d) 
A general utility plan.
(e) 
The location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use.
(f) 
General landscape treatment plan.
(g) 
Statistical data on size of the development, density/intensity of various parts of the development, ratio of various land uses, economic analysis of the development, expected staging, and any other plans or data required by the Plan Commission or Common Council.
(5) 
General outline of the intended organizational structure for a property owners' association, if any; deed restrictions and provisions for private provision of common services, if any.
B. 
Plan Commission review.
(1) 
Following submission of an application including all of the information required under § 500-27A and the payment of the required fee, the matter shall be placed on a Plan Commission agenda for concept review. Initial review is review of the project at the concept level and is not binding. The preferred procedure is for one or more iterations of Plan Commission initial review to occur prior to introduction of a formal petition for rezoning. The applicant may seek to accelerate review by introducing the rezoning petition prior to Plan Commission initial review. Whenever the required petition is introduced, the normal rezoning procedure occurs, including notice and hearing before the Plan Commission. The issues that are the subject of this public hearing are the rezoning request and the general implementation plan.
(2) 
If the Plan Commission determines more information is needed in order to adequately evaluate the application, it shall notify the applicant of the additional information required and may defer consideration of the application until such information has been provided. If the Plan Commission determines that it requires the assistance of one or more independent consultants, such as an engineer, hydrologist, soils scientist, or land use planner, in order to adequately evaluate the application, it shall notify the applicant of such determination and may require the applicant to make deposits in escrow under § 500-97G to fund the City's hiring of the consultant(s); and may defer consideration of the application until the consultant(s) has (have) been retained and provided the City with the assistance required to adequately evaluate the application.
(3) 
Following the required public hearing before the Plan Commission, the Plan Commission shall meet to make a determination and recommendation whether to advise the Common Council to approve the rezoning and the general implementation plan, to approve it with modifications, or deny it.
(4) 
The Plan Commission's reports and recommendations shall be made in a written report to the Common Council. A complete set of maps, plans and written documentation fully describing the proposed development as recommended by the Plan Commission at a general implementation plan level shall accompany the report of the Plan Commission. In a situation in which the applicant disagrees with certain recommendations of the Plan Commission and is urging the Common Council to approve with modifications, the applicant must supply documentation of those modifications to the Council prior to the matter being placed on the agenda of the Common Council.
C. 
Owner's consent following Common Council approval. If the Planned Development District Ordinance as adopted by the Common Council provides explicitly, the area of the PDD may be segmented. Unless segmented, the owners of record of all included parcels must consent in writing within a single thirty-day period following Common Council adoption in order for the PDD rezoning to take effect. If segmented, the written consent rule applies separately to each segment. Consent shall be binding upon future owners of the parcels in question, and such consents may not be conditioned or revocable by owners.
D. 
Filing; effective date. When all of the consent signatures for lands in the parcel being rezoned have been filed with the Zoning Administrator, the documentation on Plan Commission and Common Council action and on the general implementation plan and the consent signatures shall be logged in and filed by the City, and the property shall be indicated as rezoned on City zoning maps. The indication shall be PDD-GIP. The City shall record at the Bayfield County Register of Deeds Office an affidavit of notice of PDD zoning against all real property included in the district. This shall be done on the effective date of the PDD-GIP zoning. The City shall require the applicant to supply necessary property descriptions and to pay recording fees.
E. 
Effect of PDD-GIP zoning.
(1) 
The approval of a general implementation plan shall not authorize issuance of building permits. The permits may not be issued until approval by the City of the specific implementation plan pursuant to § 500-28.
(2) 
Rezonings to PDD on the basis of an approved general implementation plan shall revert to prior zoning if the specific implementation plan is not approved within one year from date of filing under this section. Extensions may be granted for cause by the Plan Commission. Records of extensions shall be recorded in the City file on the PDD District.
A. 
Filing. After the effective date of the rezoning to PDD-GIP, the applicant may file a specific implementation plan with the Plan Commission.
(1) 
The specific implementation plan shall contain graphic and tabular presentations at a level of detail equivalent to the level of detail of a final plat. Accompanying text information shall describe in detail the development plans, methodologies and timetables for the area covered by the specific implementation plan.
(2) 
The area included in a specific implementation plan may be only a portion of the area included in a previously approved general implementation plan.
(3) 
The specific implementation plan submission may include site plan and design information, allowing the Plan Commission to combine design review and review of the specific implementation plan. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
(4) 
As part of submission for specific implementation plan approval, the applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.
(5) 
The Plan Commission or Common Council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the specific implementation plan, as such may be relevant to review procedures and standards.
B. 
Plan Commission review.
(1) 
When the specific implementation plan submission is deemed by the Zoning Administrator to be complete, the matter shall be placed upon the agenda of the Plan Commission for review, consideration and approval or rejection. No public hearing is required at this stage, but one or more public hearings or informational meetings may be provided optionally.
(2) 
The specific implementation plan submission shall be reviewed by the Plan Commission against the standards of this article, the Comprehensive Plan and the previously approved general implementation plan. In order to approve a specific implementation plan, the Plan Commission must determine that the specific implementation plan is reasonably consistent with the previously approved general implementation plan.
(3) 
If the Plan Commission recommends approval of a specific implementation plan, complete documentation describing the plan, and any contracts that the Plan Commission deems necessary for the implementation of the plan, shall be prepared, reviewed by the Zoning Administrator and, when found to be complete, the Zoning Administrator shall place the plan on the agenda of the Common Council.
C. 
Common Council review. The Common Council shall consider and act on the specific implementation plan after reviewing the recommendations of the Plan Commission on same. The Common Council shall approve a specific implementation plan that is reasonably consistent with the previously approved general implementation plan.
D. 
Filing and effective date. The provisions of § 500-27C and D shall apply to the processing of and consent signatures for a specific implementation plan following approval by the Common Council. Signatures are required by property owners only in the area affected by the specific implementation plan. The affidavit of zoning status need not be recorded at the SIP stage if one is duly on record from the PDD-GIP stage.
E. 
Effect of SIP approval; alterations. The filing of an approved specific implementation plan shall authorize issuance of building and other land use permits to carry out development activities consistent with that approved plan.
(1) 
Any subsequent change of use of any parcel or any modification of the specific implementation plan shall first be submitted for approval to the Plan Commission. If the Plan Commission determines that such change or modification constitutes a substantial alteration of the specific implementation plan, the specific implementation plan shall be required to be amended through the same procedures used to approve, file and record the specific implementation plan. If the Plan Commission determines that such changes or modification do not constitute a substantial alteration of the specific implementation plan, the change may be accomplished by approval of the Plan Commission. Such approved modifications shall be documented and recorded in the official file of the City on the PDD District.
(2) 
A specific implementation plan approval lapses one year after its effective date if substantial development progress has not occurred. The Plan Commission may grant extensions for good cause.