Planned unit developments are intended to provide for greater
flexibility in design and to provide for a combination of uses in
a manner compatible to each and to the surrounding environment. A
planned unit development (PUD) is any development to be constructed
and maintained by a single owner or group of owners acting through
a corporation located on a single tract, planned as an entity and,
therefore, acceptable for development and regulation as one land unit.
Planned unit developments are established to encourage and promote
improved environmental design in the City of Glenwood City by allowing
for greater freedom, imagination and flexibility in the development
of land while ensuring substantial compliance with the basic intent
of this chapter and the general plan for community development. The
PUD concept allows diversification and variation in the relationship
of uses, structures, open spaces and heights of structures in developments
conceived and implemented as comprehensive and cohesive, unified projects.
It is further intended to encourage more rational and economic development
in regard to public services and encourage and facilitate preservation
of open land.
A.
Dimensional requirements. With PUDs, the coverage for lot area, lot
width, side yard, rear yard, front yard, lot coverage and building
height shall be consistent with sound planning and zoning principles.
However, lots and buildings may be approved which do not meet the
dimensional requirements in other districts of this chapter. Such
requirements as are made a part of an approved recorded precise development
plan shall be, along with the recorded plan itself, construed to be
and enforced in accordance with this chapter.
B.
Conditional uses. Any use allowed only as a conditional use in any of the other districts of this chapter may be permitted subject to the criteria as established in § 450-34 following, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
C.
Single parcel, lot or tract. Each PUD 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.
As a basis for determining the acceptability of a planned unit
development application to the Common Council, the following criteria
shall be applied to the application for such district with specific
consideration as to whether or not it is consistent with the spirit
and intent of this chapter, is consistent with the policies of the
City Comprehensive Plan, has been prepared with professional advice
and guidance and produces significant benefits in terms of environmental
design:
A.
Character and intensity of land use. In a planned unit development,
the uses proposed and their intensity and arrangement on the site
shall be of a visual and operational character which:
(1)
Is compatible with the physical nature of the site, with particular
concern for preservation of natural features, tree growth and open
space.
(2)
Would produce an attractive environment of sustained aesthetic and
ecologic desirability, economic stability and functional practicability
compatible with the general development plans for the area as established
by the community.
(3)
Would not adversely affect the anticipated provision for school or
other municipal services.
(4)
Would 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 unit
development application shall provide evidence satisfactory to the
Common Council of its economic feasibility, of available adequate
financing, and that it would not adversely affect the economic prosperity
of the City or the values of surrounding properties.
C.
Engineering and design standards. The width of street rights-of-way,
width of paving, width and location of street or other paving, outdoor
lighting, location of sewer and water lines, provision for stormwater
drainage or other similar environmental engineering consideration
shall be based on standards necessary to implement the specific function
in the specific situation; provided, however, that in no case shall
standards be less than those necessary to ensure the public safety
and welfare as determined by the City-designated engineer.
D.
Preservation and maintenance of open space. In a planned unit development,
adequate provisions shall be made for the permanent preservation and
maintenance of open space either by private reservation or dedication
to the public.
(1)
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
City as part of the conditions for project approval an open space
easement over such open areas restricting the area against any future
building or use except as consistent with that of providing landscaped
open space for the aesthetic and recreational benefit of the PUD.
Buildings or uses for noncommercial, recreational or cultural purposes
compatible with the open space objective may be permitted only where
specifically authorized as part of the development plan or, subsequently,
with the express approval of the Common Council.
(2)
The care and maintenance of such open space reservations shall be
assured by establishment of an appropriate management organization
for the project. The manner of assuring maintenance and assessing
such cost to individual properties shall be included in any contractual
agreement with the City and shall be included in the title to each
property.
(3)
Ownership and tax liability of private open space reservations shall
be established in a manner acceptable to the City and made a part
of the conditions of the plan approval.
E.
Implementation schedule. The proponents of a planned unit development
shall submit a reasonable schedule for the implementation of the development
to the satisfaction of the Common Council, including suitable provisions
for assurance that each phase could be brought to completion in a
manner which would not result in adverse effect upon the community
as a result of termination at that point.
A.
Pre-application conference.
(1)
Before submitting an application for a PUD, an applicant shall confer
with the Common Council or its designee, if required, in connection
with the preparation of the planned unit development.
(2)
The purpose of the pre-application conference shall be to familiarize
both the applicant and the Common Council or its designee with each
other's intentions with respect to the PUD before the applicant
enters into binding commitments or incurs substantial expense.
(3)
The applicant shall inform the Common Council or its designee of
his/her development concept through general outlines and sketch plans.
Any statement made by either City officials or the applicant concerning
potential disposition of a PUD application or the final form of the
development shall not be legally binding.
B.
Implementation schedule. The proponents of a planned unit development
shall submit a reasonable schedule for the implementation of the development
to the satisfaction of the Council, including suitable provisions
for assurance that each phase could be brought to completion in a
manner which would not result in adverse effects upon the community
as a result of termination at that point.
C.
Zoning procedure. The procedure for zoning a PUD shall be the same
as required for a zoning amendment, except that in addition the zoning
may only be considered in conjunction with a specific development
plan. The applicant shall file with the Common Council a specific
development plan which shall include the following information:
(1)
Statement of development concept, including the planning objectives
and the character of the development to be achieved through the PUD.
(2)
An accurate map of the project area, including its relationship to
surrounding properties and existing topography and key features.
(3)
The pattern of proposed land use, including shape, size and arrangement
of proposed use areas, density and environmental character (single-family,
multiple-family, commercial, public, etc.).
(4)
The pattern of public and private streets.
(5)
The location, size and character of recreational and open space areas
reserved or dedicated for public uses, such as recreational areas
and common open space areas.
(6)
Preliminary engineering plans, including site grading, street improvements,
drainage, public utility extensions and landscaping plans.
(7)
Preliminary building plans, including floor plans and exterior designs
or elevations.
(8)
Development schedule indicating the appropriate date when construction
of the PUD can be expected to begin and be completed, including initiation
and completion dates of separate stages of a phased development.
(9)
General outline of intended organizational structure related to property
owners' association, deed restrictions and private provisions
of common services.
(10)
Statement of financing plan, including projected sources and
amounts of funds.
(11)
Statement of intentions regarding the future setting or leasing
of all or portions of the PUD, such as land areas, dwelling units
and public facilities.
(12)
Any additional information as required by the Council necessary
to evaluate the character and impact of the proposed PUD.
(13)
The application shall be accompanied by the appropriate fee
to defray the cost of giving notice, investigation and other administrative
processing.
D.
Referral and public hearing.
(1)
Within 60 days of the receipt of the PUD application, the Council
shall determine whether or not to initiate a proposed zoning change
to permit the proposed PUD and to schedule the required public hearing.
(2)
Approval of the rezoning and related general development plan shall
establish the basic right of use for the area in conformity with the
plan as approved, which shall be recorded as an integral component
of the district regulations, but such plan shall be conditioned upon
approval of a final implementation plan and shall not make permissible
any of the uses as proposed until a final implementation plan is submitted
and approved for all or a portion of the general development plan.
E.
Criteria for approval. Approval of the general development plan shall
be granted only upon determination by the Common Council that the
preliminary development plan:
(1)
Conforms to the development controls set forth in this article.
(2)
Provides benefits to the City which outweigh its adverse effects;
in making this determination, the Common Council shall consider the
following:
(a)
Quality of site design, including integration of a variety of
land uses, building types and densities; preservation of natural features;
compatibility with adjacent land uses; provision and type of open
space; and provision of other amenities designed to benefit the general
public.
(b)
Traffic flow and safety.
(c)
Adequacy of utilities and other public works.
(d)
Impact on existing public facilities within the City.
(e)
Potential fiscal impact.
F.
Abandonment of project. In the event approval is granted but prior
to final approval the applicant or developer elects to abandon said
development plan and notifies the Council in writing or fails to file
for a final approval within the specified time, the approval shall
be deemed to be revoked. All areas within the development plan which
have not received final approval shall be controlled by the zoning
and subdivision regulations applicable before the development plan
and rezoning were approved.[1]
G.
Final development plan.
(1)
In the event the general development plan and the rezoning are granted
tentative approval, with or without conditions, the applicant shall
submit a final development plan or a final development plan of that
segment to be developed first to the Zoning Administrator within one
year from the date of tentative approval. In the case of a final development
plan which provides for development over a period of more than one
year, the time between submittals for final approval of each part
of a final development plan shall be not less than 12 months.
(2)
The final development plan shall consist of final versions of all statements and graphics presented in the general development plan as required in Subsection C and must contain any revisions which are required by the Common Council at the time of tentative approval of the general development plan. The final development plan and any related materials shall be a specific and detailed plan for implementation of all or a part of the proposed planned unit development and shall be suitable for recording with the St. Croix County Register of Deeds.
(3)
The Common Council shall review the final development plan and any related materials within 45 days and shall then approve, approve with modifications or disapprove the final development plan. The Common Council shall approve the final development plan only if the final development plan is in substantial compliance with the general development plan and in accordance with the provisions of Subsection E.
H.
Recording of final development plan and amendment of zoning district
map.
(1)
A final development plan, or any part thereof, which has received
final approval shall be so certified by the Council and filed by the
applicant or developer with the St. Croix County Register of Deeds.
Evidence of such recording shall be provided to the City in the form
of one true and correct reproducible copy of the plan as recorded.
No development shall proceed until such time as the final development
plan has been placed on record. Upon the recording of the final development
plan, the zoning district map shall be amended to designate the area
covered by the recorded final development plan as a "Planned Unit
Development District."
(2)
Following such action by the Council, the zoning and subdivision
regulations otherwise applicable to the land included in such final
development plan shall cease to apply thereto and the recorded final
development plan shall govern.
I.
Zoning administration; permits.
(1)
The Zoning Administrator may issue permits for site or building construction
for that part of the development plan that has been approved in the
area covered by the approved final development plan for work in conformity
with the approved final development plan and with all other applicable
ordinances and regulations.
(2)
However, the Zoning Administrator shall not issue a zoning and occupancy
permit for any building or structure shown on the development plan
of any stage of the planned unit development unless the open space
and public facilities allocated to that stage of the development schedule
have been conveyed to the proper authorities. He shall issue a zoning
and occupancy permit for any completed building or structure located
in an area covered by the approved final development plan if the completed
building or structure conforms to the requirements of the approved
final development plan and all other applicable regulations and ordinances.[2]
J.
Time frame for construction; enforcement.
(1)
The developer shall begin construction of the PUD within 12 months of the date of the recording of the final development plan. The Common Council may grant in writing an extension of this time period of up to 12 months upon demonstration of good cause by the developer. If the developer fails to commence construction of the PUD within the specified time, the Common Council shall proceed with actions as specified in Subsection J(3) below.
(2)
If the PUD is to be developed in stages, then the developer must
begin the construction of each stage within time limits specified
in the final development plan. Construction in each phase shall include
all the elements of that phase specified in the final development
plan.
(3)
The Common Council, or it designee, shall periodically monitor the construction of the PUD with respect to start of construction and development phasing. If the Common Council, or its designee, finds that either the developer has failed to begin development within the specified time period or that the developer is not proceeding in accordance with the approved development phasing with respect to either timing or construction of an approved mix of project elements, then the Common Council shall give written notice to the developer to appear before the Council upon 30 days to report on the status of the PUD. Upon review of the PUD, the Council may extend the time for start of construction or the length of time needed to complete a phase, recommend that the developer amend the final development plan subject to the procedures specified in Subsection K below or terminate the project and repeal the zone change. The repeal of the zone change shall be subject to the procedures specified in Article XIV. At the time of such zone change, existing completed or partially completed structures and uses thereon that do not conform to the regulations for the district in which located shall be deemed nonconforming as defined by this chapter.
K.
Amendments to final development plan.
(1)
After approval of the final development plan by the Common Council,
the developer may seek amendments to the final development plan as
recorded only if difficulties are encountered in constructing the
PUD which could not have reasonably been foreseen, such as with terrain
or soil conditions or other complications.
(2)
Minor changes in the location, siting and height of buildings and
structures may be authorized by the Council without additional public
hearings if required by engineering or other circumstances not foreseen
at the time the final plan was approved. No change authorized by this
subsection may cause any of the following:
(a)
A change in the use or character of the development.
(b)
An increase in overall coverage of structures.
(c)
An increase in the intensity of use.
(d)
An increase in the problems of traffic circulation and public
utilities.
(e)
A reduction in approved open space.
(f)
A reduction of off-street parking and loading space.
(g)
A reduction in required pavement widths.
(3)
All other changes in use, or rearrangement of lots, blocks and building tracts, or any changes in the provision of common open spaces and changes other than listed above must be made by the Common Council subject to the procedures specified in Subsection D. Such amendments may be made only if they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in community policy. Any changes which are approved in the final plan must be recorded as amendments in accordance with the procedure established for the recording of the initial final plan documents.
