A.
The planned unit development (PUD) conditional use
is intended to permit developments that will, over a period of time,
be enhanced by coordinated area site planning, diversified location
of structures and/or mixing of compatible uses. Such developments
are intended to provide a safe and efficient system for pedestrian
and vehicle traffic; to provide attractive recreation and open spaces
as integral parts of the development; to enable economic design in
the location of public and private utilities and community facilities;
and to ensure adequate standards of construction and planning. Planned
unit development under this chapter will allow for flexibility of
overall development design, with benefits from such design flexibility
intended to be derived by both the developer and the community, while
at the same time maintaining, insofar as possible, the land use density
and other standards or use requirements as set forth in the underlying
basic zoning district.
B.
The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Ch. 703, Condominiums, Wis. Stats., may be permitted by the Village upon specific petition under § 595-33 of this chapter and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures, when all regulations and standards as set forth in this article have been met.
This article contemplates that there may be
residential, commercial, or industrial planned unit developments and
mixed compatible use developments.
A planned unit development shall be consistent
in all respects with the expressed intent of this article and with
the spirit and intent of this chapter, shall be in conformity with
the adopted Comprehensive Plan or any component thereof, and shall
not be contrary to the general welfare and economic prosperity of
the community.
[Amended 5-5-2005]
A.
Density requirements (lot area, width and yard requirements).
Each residential building and lot in the district will conform to
the R-2 District lot area and building site requirements, and each
commercial building and lot will conform to the requirements of the
C District in which it would otherwise be placed.
C.
Single parcel, lot or tract. The planned unit development
shall be considered as one tract, lot or parcel, and the legal description
must define said PUD as a single parcel, lot or tract and be so recorded
with the County Register of Deeds.
A.
The development site shall be provided with adequate
drainage facilities for surface water and stormwater.
B.
The site will be accessible from public roads that
are adequate to carry the traffic that can be expected to be generated
by the development.
C.
No undue constraint or burden shall be imposed on
public services and facilities, such as fire and police protection,
street maintenance, water, sanitary sewer and storm drainage, and
maintenance of public areas by the development.
D.
The streets and driveways on the site of the development
shall be adequate to serve the residents of the development and, in
the case of public dedicated streets, will meet the minimum standards
of all applicable ordinances or administrative regulations of the
Village.
E.
Public water and sewer facilities shall be provided.
The division of any land or lands within a planned
unit development for the purpose of change or conveyance of ownership
may be accomplished pursuant to the land division/subdivision regulations
of the Village when such division is contemplated.[1]
Sections 595-26 through 595-31 set forth the basic philosophy and intent in providing for planned unit developments, the kinds thereof, the general requirements, physical requirements and requirements as to public services and facilities. The following sections are intended to set forth the procedures and considerations involved leading to possible approval of such developments.
A.
Pre-petition conference. Prior to the official submission
of the petition for the approval of a planned unit development, the
owner or his agent making such petition shall meet with the Plan Commission
or its staff to discuss the scope and proposed nature of the contemplated
development.
B.
Petition for approval. Following the pre-petition
conference, the owner or his agent may file a petition with the Clerk-Treasurer
for approval of a planned unit development. Such petition shall be
accompanied by a review fee as set by the Village Board, as well as
incorporate the following information:
(1)
Informational statement. A statement which sets forth
the relationship of the proposed PUD to the Village's adopted Comprehensive
Plan or any component thereof and the general character of and the
uses to be included in the proposed PUD, including the following information:[1]
(a)
Total area to be included in the PUD, area of
open space, residential density computations, proposed number of dwelling
units, population analysis, availability of or requirements for municipal
services and other similar data pertinent to a comprehensive evaluation
of the proposed development.
(b)
A general summary of the estimated value of
structures and site improvement costs, including landscaping and special
features.
(c)
A general outline of the organizational structure
of a property owners' or management association which may be proposed
to be established for the purpose of providing any necessary private
services.
(d)
Any proposed departures from the standards of development as set forth in this chapter, Chapter 582, Subdivision of Land, other Village regulations or administrative rules, or other universal guidelines.
(e)
The expected date of commencement of physical
development as set forth in the proposal and also an outline of any
development staging which is planned.
(2)
A general development plan, including:
(a)
A legal description of the boundaries of the
subject property included in the proposed PUD and its relationship
to surrounding properties.
(b)
The location of public and private roads, driveways,
sidewalks and parking facilities.
(c)
The size, arrangement and location of any individual
building sites and proposed building groups on each individual site.
(d)
The location of institutional, recreational
and open space areas and areas reserved or dedicated for public uses,
including schools, parks and drainageways.
(e)
The type, size and location of all structures.
(f)
General landscape treatment.
(g)
The existing and proposed location of public
sanitary sewer, water supply facilities and stormwater drainage facilities.
(h)
The existing and proposed location of all private
utilities or other easements.
(i)
Characteristics of soils related to contemplated
specific uses.
(j)
Existing topography on the site with contours
at no greater than two-foot intervals.
(k)
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
(l)
If the development is to be staged, a staging
plan.
(m)
A plan showing how the entire development can
be further subdivided in the future.
C.
Referral to Plan Commission. The petition for a planned
unit development shall be referred to the Plan Commission for its
review and recommendation, which recommendation shall include any
additional conditions or restrictions which the Plan Commission may
deem necessary or appropriate.
A.
Requirements. The Plan Commission, in making recommendations
for approval, and the Village Board, in making a determination approving
a petition for planned unit development, shall find as follows:
B.
Proposed construction schedule. The Plan Commission
and Village Board, in making their respective recommendation and determination,
shall consider the reasonableness of the proposed construction schedule
and any staging plan for the physical development of the proposed
PUD, commencement of the physical development within one year of approval
being deemed reasonable.
C.
Residential PUD considerations. The Plan Commission
and Village Board, in making their respective recommendation and determination
as to a proposed residential planned unit development, shall further
consider whether:
(1)
Such development will create an attractive residential
environment of sustained desirability and economic stability, including
structures in relation to terrain, consideration of safe pedestrian
flow, ready access to recreation space and coordination with overall
plans for the community.
(2)
The total net residential density within the planned
unit development will be compatible with the Village Comprehensive
Plan or any component thereof and shall be compatible with the density
of the district wherein located.[1]
(3)
Structure types will be generally compatible with
other structural types permitted in the underlying basic use district.
To this end, structure type shall be limited as follows:
(4)
Provision has been made for the installation of adequate
public facilities and the continuing maintenance and operation of
such facilities if privately owned.
(5)
Provision has been made for adequate continuing fire
and police protection.
(6)
The population density of the development will or
will not have an adverse effect upon the community's capacity to provide
needed school or other municipal service facilities.
(7)
Adequate guarantee is provided for permanent preservation
of open space areas as shown on the general development plan as approved
either by private reservation and maintenance or by dedication to
the public.
D.
Commercial PUD considerations. The Plan Commission
and Village Board, in making their respective recommendation and determination
as to a proposed commercial planned unit development, shall further
consider whether:
(1)
The economic practicality of the proposed development
can be justified.
(2)
The proposed development will be served by off-street
parking and truck service facilities in accordance with this chapter.
(3)
The proposed development shall be adequately provided
with, and shall not impose any undue burden on, public services and
facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and stormwater drainage and maintenance of public
areas.
(4)
The locations of entrances and exits have been designated
to prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets and the development will not create
any adverse effect upon the general traffic pattern of the surrounding
neighborhood.
(5)
The architectural design, landscaping, control of
lighting and general site development will result in an attractive
and harmonious service area compatible with and not adversely affecting
the property values of the surrounding neighborhood.
E.
Industrial PUD considerations. The Plan Commission
and Village Board, in making their respective recommendation and determination
as to a proposed industrial planned unit development, shall further
consider whether:
(1)
The operational character and physical plant arrangement
of buildings will be compatible with the latest in performance standards
and industrial development design and will not result in an adverse
effect upon the property values of the surrounding neighborhood.
(2)
The proposed development shall be adequately provided
with and shall not impose any undue burden on public services and
facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and stormwater drainage and maintenance of public
areas.
(3)
The proposed development will include provision for
off-street parking and truck service areas in accordance with this
chapter and will be adequately served by easy-access rail and/or arterial
highway facilities.
(4)
The proposed development is properly related to the
total transportation system of the community and will not result in
an adverse effect on the safety and efficiency of the public streets.
F.
Mixed-use PUD considerations. The Plan Commission
and Village Board, in making their respective recommendation and determination
as to a proposed mixed-use planned unit development, shall further
consider whether:
(1)
The proposed mixture of uses produces a unified composite
which is compatible with the zoning district and which, as a total
development entity, is compatible with the surrounding neighborhood.
(2)
The various types of uses conform to the general requirements
as hereinbefore set forth applicable to projects of such use and character.
(3)
The proposed development shall be adequately provided
with and shall not impose any undue burden on public services and
facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and stormwater drainage and maintenance of public
areas.
A.
General. The Village Board, upon receipt of recommendation
from the Plan Commission and following public hearing thereon, and
after due consideration, shall either deny the petition, approve the
petition as submitted or approve the petition subject to any additional
conditions and restrictions the Village Board may impose.
B.
Approval. The general and detailed approvals of a
planned unit development shall be based on and include, as conditions
thereto, the building, site and operational plans for the development
as approved by the Village Board.
(1)
General approval. The general development plan submitted
with the PUD application need not necessarily be completely detailed
at the time of petition, provided that it is in sufficient detail
to satisfy the Village Board as to the general character, scope and
appearance of the proposed development. Such plan shall designate
the pattern of proposed streets and the size and arrangement of individual
buildings and building sites. The approval of such general development
plan, by way of approval of the petition, shall be conditioned upon
the subsequent submittal and approval of more specific and detailed
plans as each stage of development progresses.
(2)
Detailed approval. Detail plans must be furnished
to the Plan Commission and Village Board for their consideration,
and the detailed approval by the Village Board of any part or stage
of the proposed development shall be required before construction
of such part or stage of the development may be commenced. Before
plans submitted for detailed approval within the corporate limits
will be approved, the petitioner shall give satisfactory proof that
he has contracted to install all improvements or file a performance
bond insuring that such improvements will be installed within the
time required by the Village Board.
C.
Changes and additions. Any subsequent substantial
change or addition to the plans or uses shall first be submitted for
approval to the Plan Commission, and if, in the opinion of the Plan
Commission, such change or addition constitutes a substantial alteration
of the original plan, it shall make its recommendation to the Village
Board and further recommend additional public hearing, in which event
the Village Board shall schedule a notice of public hearing as for
the original petition. Following such public hearing, the Village
Board shall deny, approve or approve the same subject to any additional
conditions and restrictions it may impose.
