[Amended 5-28-2019 by Ord. No. 2019-5]
The PUD Planned Unit Development District is established to
encourage and promote improved environmental design in the Village
of Sauk 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 District 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. This article
contemplates that there may be residential, commercial, industrial,
and mixed-use planned unit developments.
A.
Minimum total area requirements. There are no minimum total area
requirements, however it is generally true that the project should
be large enough to allow clustering and to establish a coherence of
design.
B.
Lot area, lot width, heights and yard requirements.
(1)
In the PUD District, there shall be no specific lot area, lot width,
height, floor area ratio, yard and usable open-space requirements,
but such requirements as are made a part of an approved recorded general
development plan shall be, along with the recorded plat, construed
to be and enforced as a part of this chapter.
(2)
There shall be no specific green area requirement, yet the general
development plan should incorporate sufficient green area to match
the character of the use and surrounding neighborhood.
C.
Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted in the PUD District subject to the criteria as established in § 365-32 and provided that such uses are identified in the approved and recorded general development plan.
D.
Conditional uses. Any use allowed as a conditional use in any of the other districts of this chapter may be allowed in the PUD District subject to the criteria as established in § 365-32 and provided that such uses and any conditions or requirements attached to such uses are identified in the approved and recorded general development plan.
A.
Prior to the official submission of the petition for the approval
of a PUD District, the owner or his agent should meet with the Plan
Commission or Village staff to discuss the scope and proposed nature
of the contemplated development to help assess whether PUD District
zoning is appropriate.
B.
The procedure for rezoning to a PUD District shall be the same as required for any other zoning district change under Article XXII of this chapter, except that the petition to rezone shall be accompanied by payment of the PUD review fee as set by the Village Board and the following additional documentation:
(1)
Information statement. An information statement that sets forth the
following information:
(a)
Total area to be included in the PUD, area of open space, residential
density, proposed number and type of dwelling units, projected population,
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 that 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 requirements,
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 sequential staging
that is planned for the development.
(2)
General development plan (GDP). A general development plan which
shall include the following information:
(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 their easements.
(i)
Existing topography on the site with contours at no greater
than one-foot intervals.
(j)
If the development is to be staged, a staging plan.
(k)
A plan showing how the entire development can be further subdivided
in the future.
C.
Following determination by the Village staff that the petition to rezone to a PUD District is complete with the additional required documentation and that the fee has been paid, the petition shall follow the usual procedure for Plan Commission review and recommendation, public hearing, and Village Board review and action in accordance with Article XXII of this chapter and the criteria set forth in § 365-32.
A.
Criteria for review. In reviewing a PUD District rezone application
and the general development plan, the following criteria shall be
applied to the proposed general development plan with specific consideration
as to whether it is consistent with the spirit and intent of this
chapter, is consistent with the policies of the Village Comprehensive
Plan, has been prepared with professional advice and guidance, produces
significant benefits in terms of environmental design or otherwise
that justify modifications from regular municipal standards, and satisfies
the following criteria:
(1)
Character and integrity of land use. The uses proposed and their
intensity and arrangement on the site shall be of a visual and operational
character that:
(a)
Is compatible with the physical nature of the site, with particular
concern for preservation of natural features, tree growth and open
space.
(b)
Would produce an attractive environment of sustained aesthetic
and ecological desirability, economic stability, and functional practicality
compatible with the general development plans for the area as established
by the community.
(c)
Would not adversely affect the anticipated provision for school
or other municipal serves.
(d)
Would not create traffic or parking demand incompatible with
the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of a PUD District
application shall provide evidence satisfactory to the Plan Commission
and Village Board of its economic feasibility, of available adequate
financing, and that it would not adversely affect the economic prosperity
of the Village or the values of surrounding properties.
(3)
Engineering 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 considerations
shall be based on standards necessary to implement the specified function
in the specific situation; provided, however, that in no case shall
standards be less than those necessary to ensure the public health,
safety, and welfare as determined by the Village Engineer.
(4)
Preservation and maintenance of open space. Adequate provision shall
be made for the permanent preservation and maintenance of open space
either by private reservation or dedication to the public.
(a)
In the case of private reservation, the open area to be reserved
shall be protected against building development by conveying to the
Village 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 satisfaction of the
surrounding residences. 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 general
development plan or, subsequently, with the express approval of the
Village Board following approval of building, site, and operational
plans by the Plan Commission.
(b)
The care and maintenance of such open-space reservations shall
be assured by establishment of 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 Village and shall be included in the title to each
property.
(c)
Ownership and tax liability of private open space reservations
shall be established in a manner acceptable to the Village and made
a part of the conditions of the plan approval.
(5)
Implementation schedule. The applicant shall submit a reasonable
schedule for the implementation of the development to the satisfaction
of the Village Board, including suitable provisions for assurance
that each phase could be brought to completion in a manner that would
not result in an adverse effect upon the community as a result of
termination at that point. 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.
(6)
Residential PUD districts. In reviewing residential PUD Districts,
the Plan Commission and Village Board shall further consider whether:
(a)
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.
(b)
The total net residential density within the PUD will be compatible
with the Village Comprehensive Plan or components thereof and shall
be compatible with the density of the neighborhood wherein located.
(c)
Structure types will be generally compatible with other structural
types permitted in the neighborhood.
(d)
Provision has been made for the installation of adequate public
facilities and the continuing maintenance and operation of such facilities
if privately owned.
(e)
Provision has been made for adequate, continuing fire and police
protection.
(f)
The population density of the development will have an adverse
effect upon the community's capacity to provide needed school or municipal
service facilities.
(g)
Adequate guarantee is provided for permanent preservation of
open space areas as shown on the general development plan either by
private reservation and maintenance or by dedication to the public.
(7)
Commercial PUD considerations. In reviewing commercial PUD Districts,
the Plan Commission and Village Board shall further consider whether:
(a)
The applicant has submitted reasonable evidence that the proposed
development is economically feasible and that the applicant has adequate
available financing to construct the proposed development, or if a
phased-development to construct the first phase.
(b)
The proposed development will be served by off-street parking
and truck service facilities in accordance with this chapter.
(c)
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.
(d)
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. An "adverse effect" is not solely an increase
in traffic, but may mean an increase in traffic such that the current
or proposed infrastructure could not handle the increased traffic
sufficiently to ensure the public safety and welfare.
(e)
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.
(8)
Industrial PUD considerations. In reviewing industrial PUD Districts,
the Plan Commission and Village Board shall further consider whether:
(a)
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.
(b)
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.
(c)
The proposed development will include provisions 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.
(d)
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.
(9)
Mixed-use PUD consideration. In reviewing mixed-use PUD Districts,
the Plan Commission and Village Board shall further consider whether:
B.
Effect of PUD Zoning and GDP. If a PUD District and general development
plan is approved by the Village Board, the PUD rezoning shall not
take effect unless all owners of the land parcels within the PUD consent
to the rezoning and have signed an acknowledgement to that effect.
Building permits within the PUD District may not be issued until Village
approval of a specific implementation plan for the PUD District.
C.
Recording. Upon rezoning, the Village shall record with the Sauk
County Register of Deeds an affidavit of notice of PUD zoning against
all real property within the PUD District. The applicant shall supply
the necessary property descriptions and shall pay the recording fees.
D.
Reversion. The rezoning to a PUD District on the basis of a general
development plan shall revert to prior zoning if a specific implementation
plan for the PUD District is not approved within one year from the
date the PUD zoning takes effect. The Plan Commission may grant one
or more extensions for good cause shown, and any such extensions shall
expressly state the new deadline for approval of the specific implementation
plan.
A.
After the effective date of the PUD District rezoning and the general
development plan, the applicant may submit a specific implementation
plan with the Plan Commission through the Zoning Administrator. A
specific implementation plan may be prepared for all or only a portion
of the project area included in the general development plan. Specific
implementation plans shall include the following information:
(1)
A precise description of the type, number and size of dwelling units
and a description of the type and amount of square feet devoted to
commercial or industrial uses; the estimated number of employees and
the character and volume of truck and automobile traffic generated
from the site.
(2)
A detailed site plan of the development showing the location of all
buildings, pavement areas, signs, and outdoor lighting.
(3)
A final plat or certified survey of the entire development area showing
detailed lot layout and the intended use of each lot or parcel of
land, public dedications, public and private streets, driveways, walkways,
and parking facilities.
(4)
A detailed landscape plan showing the location and treatment of open
space areas and the location, species, and size of landscape material.
(5)
Architectural drawings and sketches illustrating the design and character
of proposed structures, including elevation drawings of all principal
buildings. In residential planned unit developments with single-family
homes, the Plan Commission may approve site and architectural design
guidelines contained within a declaration of covenants, deed restrictions,
or other similar documents, in lieu of reviewing the plans for each
individual single-family residence.
(6)
Location of all utility installations.
(7)
A detailed grading plan, including spot elevations.
(8)
Stormwater management plan.
(9)
A development schedule indicating:
(a)
The approximate date when construction of the project can be
expected to begin;
(b)
The stages in which the project will be built and the approximate
date when construction of each stage can be expected to begin;
(c)
The anticipated rate of development; and
(d)
The approximate date when the development of each of the stages
will be completed.
(10)
Agreements, bylaws, provisions, or covenants that govern the
organizational structure, use, maintenance and continued protection
of the PUD and any of its common services, open areas or other facilities.
(11)
Any other plans, documents or schedules required by the Plan
Commission or Village Board.
B.
Following determination by the Village staff that the submittal of
the specific implementation plan is complete, the specific implemental
plan shall be placed on the agenda of the Plan Commission for review,
consideration, and action.
A.
The Plan Commission shall review the specific implementation plan
for consistency with the previously approved general development plan,
the spirit and intent of this chapter, and the Village's Comprehensive
Plan. The Plan Commission may hold a public hearing or informational
meetings at this stage, but it is not required. The Plan Commission
must determine that the specific implementation plan is reasonably
consistent with the approved general development plan.
B.
If the Plan Commission recommends approval of the specific implementation
plan, complete documentation describing the specific implementation
plan and any contracts (e.g., development agreements) that the Plan
Commission deems necessary for the implementation of the plan shall
be prepared, reviewed by Village staff for completeness, and once
complete shall be placed on the agenda of the Village Board for approval.
C.
The Village Board shall review and consider the Plan Commission's
recommendation on the specific implementation plan, and if the Village
Board determines that the specific implementation plan is reasonably
consistent with the previously approved general development plan,
it shall approve the specific implementation plan.
D.
The specific implemental plan shall not take effect unless:
(1)
All owners of the land parcels included within the portion of the
PUD District for which the specific implementation plan relates consents
to the specific implementation plan and have signed an acknowledgement
to that effect.
(2)
All contracts or development agreements deemed necessary by the Plan
Commission or Village Board to guarantee the implementation of the
development according to the terms and conditions established as a
part of the general development plan and the specific implementation
plan are entered into between the owner/applicant and the Village.
The Village shall have the right, if deemed appropriate, to require
the inclusion of a performance bond or other security deemed satisfactory
to the Village Attorney.
E.
The specific implementation plan shall be filed with the Village, however it does not need to be recorded at the Sauk County Register of Deeds if the affidavit of notice of PUD zoning has been recorded pursuant to § 365-32.
F.
Once the specific implementation plan is approved and takes effect,
the Village may issue building and other permits consistent with the
approved specific implementation plan.
G.
Lapse. If no substantial development progress has occurred within
one year after the specific implementation plan takes effect, the
specific implementation plan approval shall lapse. The Plan Commission
may grant one or more extensions for good cause shown, and any such
extensions shall expressly state the new deadline for development
of the specific implementation plan.
Any subsequent change of use of any lot or parcel of land or addition or modification of the plans shall be submitted for approval to the Plan Commission. If such change or modification constitutes a substantial alteration of the specific implementation plan in the opinion of the Plan Commission, the specific implementation plan shall be required to be amended through the same procedures used to approve and file a specific implementation plan as described in §§ 365-33, 365-34 and 365-35 before any amendment or change is effective. If the change does not constitute a substantial alteration of the specific implementation plan, the change may take effect upon approval of the Plan Commission. Any approved modifications shall be documented and filed with the Village.
