A.
The planned unit development 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 developments;
to enable economic design in the location of public and private utilities
and community facilities; and to ensure adequate standards of construction
and planning. The 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 Condominium Ownership Act set forth in Chapter 703 of the Wisconsin Statutes (condominiums) may be permitted by the Village upon specific petition under § 380-34 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 section of the chapter have been met.
This article contemplates that there may be a Residential, Commercial,
Industrial Planned Unit Developments and Mixed Compatible Use Developments.
A planned unit development shall be consistent in all respects
to the expressed intent of this article and to the spirit and intent
of this chapter; shall be in conformity with the adopted master plan
(comprehensive land use and thoroughfare plan), neighborhood plan
or any adopted component thereof; and shall not be contrary to the
general welfare and economic prosperity of the community.
A.
Minimum area requirements. Areas designated as planned unit developments
shall contain a minimum development area as follows:
|
Principal Uses
|
Minimum Area of PUD
(acres)
|
|---|---|
|
Residential PUD
|
3
|
|
Commercial PUD
|
5
|
|
Industrial PUD
|
5
|
|
Mixed compatible use
|
5
|
B.
Density requirements (lot area, width and yard requirements). The
district area, width and yard requirements of the basic use district
may be modified; however, in no case shall the average density in
a residential district exceed the number of dwelling units that would
have been permitted if the planned unit development regulations had
not been utilized.
D.
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 and stormwaters.
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 developments.
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 by the developer.
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.
Sections 380-28 through 380-33 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 Village Clerk-Treasurer
for approval of a planned unit development. Such petition shall be
accompanied by a review fee as from time to time determined by resolution
of the Village Board, as well as incorporate the following information:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Information statement. A statement which sets forth the relationship
of the proposed PUD to the Village's adopted master (comprehensive
land use and thoroughfare plan) plan, neighborhood plan, or any adopted
component thereof, and the general character of and the uses to be
included in the proposed PUD, including the following information:
(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
owner's or management's 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 the Village zoning regulations, land subdivision ordinance,
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 master plan (comprehensive land
use and thoroughfare plan), neighborhood plan, or components thereof,
and shall be compatible with the density of the district wherein located.
(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 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 that 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 recommendations 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 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
herein 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 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 an additional public hearing in which event the Village
Board shall schedule a notice of the 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.
