The purpose of the regulations, standards, and criteria contained in this article is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this article. The objective of the planned development is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the Comprehensive Plan and planning policies of the City while departing from the strict application of the use and bulk and dimensional regulations as detailed in Article III. The planned development is intended to permit and encourage such flexibility and to accomplish the following purposes:
(a)
To stimulate creative approaches to the commercial, residential,
and mixed-use development of land.
(b)
To provide more efficient use of land.
(c)
To preserve natural features and provide open space areas and recreation
areas in excess of that required under conventional zoning regulations.
(d)
To develop new approaches to the living environment through variety
in type, design, and layout of buildings, transportation systems,
and public facilities.
(e)
To unify building and structures through design.
(f)
To promote long-term planning pursuant to the City of Oak Creek's
Comprehensive Plan, which will allow harmonious and compatible land
uses or combination of uses with surrounding areas.
(a)
The following may be approved as a planned development:
(1)
Any development greater than five acres in size containing mixed-residential,
multifamily residential, mixed-use, or nonresidential/mixed-residential
combination with single-family detached, single-family attached, or
multifamily uses.
(b)
Each planned development should be presented and judged on its own
merits. It shall not be sufficient to base justification for approval
of a planned development upon an already existing planned development
except to the extent such planned development has been approved as
part of a development master plan.
(c)
The burden of providing evidence and persuasion that any planned
development is necessary and desirable shall in every case rest with
the applicant.
Approval of development through the use of a planned unit development,
including modifications to conventional zoning and subdivision regulations,
is a privilege and will be considered by the City only in direct response
to the accrual of tangible benefits from the planned development to
the City or the neighborhood in which it would be located. These benefits
shall be in the form of exceptional amenities, outstanding environmental,
landscape, architectural or site design, or the conservation of special
man-made or natural features of the site. In reviewing an application
for a planned development, the Plan Commission and/or the Common Council,
as the case may be, shall be required to make certain findings based
on the following standards:
(a)
Required findings. No application for a planned development shall
be approved unless all the following findings are made about the proposal:
(1)
Comprehensive plan. The planned development shall be consistent
with the goals, objectives, and policies set forth in the Comprehensive
Plan.
(2)
Public welfare. The planned development shall be so designed,
located, and proposed to be operated and maintained that it will not
impair an adequate supply of light and air to adjacent property and
will not substantially increase the danger of fire or otherwise endanger
the public health, safety, and welfare.
(3)
Impact on public facilities and resources. The planned development
shall be so designed that adequate utilities, road access, drainage,
and other necessary facilities will be provided to serve it. The planned
development shall include such impact fees as may be reasonably determined
by the Common Council. These required impact donations shall be calculated
in reasonable proportion to impact of the planned development on public
facilities and infrastructure.
(4)
Archaeological, historical or cultural impact. The planned development
shall not substantially adversely impact an archaeological, historical,
or cultural resource, included on the state or federal register, located
on or off the parcel(s) proposed for development.
(5)
Parking and traffic. The planned development shall have or make
adequate provision to provide necessary parking and ingress and egress
to the proposed use in a manner that minimizes traffic congestion
in the public streets and provides adequate access for emergency vehicles.
(6)
Adequate buffering. The planned development shall have adequate
landscaping, public open space, and other buffering features to protect
uses within the development and surrounding properties.
(b)
Modification standards. In addition to the findings required above,
the following standards shall be utilized in considering applications
for modifications of the conventional zoning and subdivision regulations
for a planned development. These standards shall not be regarded as
inflexible but shall be used as a framework by the City to test the
quality of the amenities, benefits to the community, and design and
desirability of the proposal.
(1)
Integrated design. A planned development shall be laid out and
developed as a unit in accordance with an integrated overall design.
This design shall provide for safe, efficient, convenient, and harmonious
grouping of structures, uses and facilities, and for appropriate relation
of space inside and outside buildings to intended uses and structural
features.
(2)
Beneficial common open space. Any common open space in the planned
development beyond the minimum 30% required shall be integrated into
the overall design. Such spaces shall have a direct functional or
visual relationship to the main building(s) and not be of isolated
or leftover character. The following would not be considered usable
common open space:
(3)
Location of taller buildings. Taller buildings shall be located
within the planned development in such a way as to dissipate any material
adverse impact on adjoining lower buildings within the development
or on surrounding properties and shall not unreasonably invade the
privacy of occupants of such lower buildings.
(4)
Functional and mechanical features. Exposed storage areas, trash
and garbage retainers, exposed machinery installations, service areas,
truck loading areas, utility buildings and structures, and similar
accessory areas and structures shall be accounted for in the design
of the planned development and made as unobtrusive as possible. They
shall be subject to such setbacks, special planting or other screening
methods as shall reasonably be required to prevent their being incongruous
with the existing or contemplated environment and the surrounding
properties.
(5)
Visual and acoustical privacy. The planned development shall
provide reasonable visual, and acoustical privacy for each dwelling
unit, tenant space, and adjacent property. Fences, insulations, walks,
barriers, and landscaping shall be used as appropriate for the protection
and aesthetic enhancement of property and the privacy of its occupants,
screening of objectionable view or uses, and reduction of noises.
(6)
Energy efficient design. A planned development shall be designed
with consideration given to various methods of site design and building
location, architectural design of individual structures, and landscaping
design capable of reducing energy consumption within the planned development.
(7)
Landscape conservation and visual enhancement. The existing
landscape and trees in a planned development shall be conserved and
enhanced, as feasible, by minimizing tree and soil removal, and the
conservation of special landscape features such as streams, ponds,
groves, and landforms. The addition or use of larger trees, shrubs,
flowers, fountains, ponds, special paving amenities will be encouraged
to the extent of their appropriateness and usefulness to the planned
development and the likelihood of their continued maintenance.
(8)
Drives, parking and circulation. Principal vehicular access
shall be from dedicated public streets, and access points shall be
designed to encourage smooth traffic flow with controlled turning
movements and minimum hazards to vehicular or pedestrian traffic.
With respect to vehicular and pedestrian circulation, including walkways,
interior drives and parking, special attention shall be given to location
and limiting the number of access points to the public streets through
the use of cross access connections, width of interior drives and
access points, general interior circulation, separation of pedestrian
and vehicular traffic, adequate provision for service by emergency
vehicles, and arrangement of parking areas that are safe and convenient,
and insofar as feasible, do not detract from the design of proposed
buildings and structures and the neighboring properties.
(9)
Surface water drainage. Special attention shall be given to
proper site surface drainage so that removal of surface waters will
not adversely impact neighboring properties or the public storm drainage
system. Surface water in all paved areas shall be collected at intervals
so that it will not obstruct the flow of vehicular or pedestrian traffic.
Notwithstanding any limitations on variances which can be approved
as contained elsewhere in the Zoning Ordinance, site development allowances,
i.e., deviations from the underlying zoning provisions set forth outside
this article may be approved provided the applicant specifically identifies
each such site development allowance and demonstrates how each such
site development allowance would be compatible with surrounding development,
is in furtherance of the stated objectives of this article, and is
necessary for proper development of the site.
The following steps are provided to assure the orderly review
of every planned development application in a timely and equitable
manner:
(a)
Pre-filing review and transmittal of application.
(1)
Conference.
a.
A prospective applicant, prior to submitting a formal application
for a planned development, may meet for a pre-filing conference(s)
with the Community Development Director or their designee and any
other City official or employee designated by the Community Development
Director or their designee as a member of the Development Review Team.
The purpose of the conference(s) is to help the applicant understand
the Comprehensive Plan, Zoning Ordinance, site development allowances,
standards by which the application will be evaluated, and the application
requirements.
b.
After reviewing the planned development process, the applicant
may request a waiver of any application requirement which in the applicant's
judgment should not apply to the proposed planned development. Such
request shall be made in writing prior to the submission of the formal
application documents.
c.
All requests for waiver shall be reviewed by the Community Development
Director. A final determination regarding the waiver shall be given
to the prospective applicant following the decision. Denied requests
may be appealed to the Common Council.
d.
The applicant, prior to submitting a formal application for
a planned development, shall be required to schedule a meeting to
discuss the proposed planned development and its impact on adjoining
properties and area residents. The applicant shall send a written
notice of the meeting via mail to the City of Oak Creek and all taxpayers
of record within 300 feet of the proposed planned development. Such
notice shall be mailed by the applicant not less than 15 days prior
to the date of the meeting. A written summary of comments made at
the meeting shall be maintained and submitted by the applicant with
the application.
(2)
Filing of application. Following the completion of the pre-filing
conference(s), the applicant shall file an application for a planned
development in accordance with this article. The Community Development
Director or their designee shall deliver copies of the application
to other appropriate City departments for review and comment.
(3)
Deficiencies. The Community Development Director or their designee
shall determine whether the application is complete. If the Community
Development Director or their designee determines that the application
is not complete, a department representative shall notify the applicant
in writing of any deficiencies and shall take no further steps to
process the application until the deficiencies are remedied.
(4)
Application review. The Community Development Director or their
designee shall work with the Development Review Team and the applicant
to review and revise the application.
(5)
Report on compliance. A copy of the complete application and
a written report incorporating the comments of City staff and other
agencies regarding the compliance of the proposed planned development
with the requirements and standards of this article shall be delivered
to the Plan Commission. The Plan Commission shall review and make
a recommendation to approve or deny the application to the Common
Council, which shall hold a public hearing.
(6)
Determination not binding. Neither the Community Development
Director or their designee determination that an application is complete
nor any comment made by the Community Development Director or their
designee or City staff at a pre-filing conference or as part of the
review process shall be intended or construed as a formal or informal
recommendation for the approval of a planned development for the proposed
planned development, or component part thereof, nor shall be intended
or construed as a binding decision of the City, the Plan Commission,
or any staff member.
(b)
Plan Commission review and recommendation. Upon receiving the report
from the Community Development Director or their designee, the Plan
Commission shall review the application, the standards and requirements
established by this article, the report of the Community Development
Director or their designee, and any and all evidence and testimony
received by the Plan Commission. At a regular meeting, the Plan Commission
shall present its findings addressing each of the standards set forth
in this article and transmit such findings, together with a recommendation
of approval, approval with conditions, or denial to the Common Council.
(c)
Review and action by the Common Council.
(1)
After the receipt of the report and recommendation of the Plan
Commission, the Common Council shall hold at least one public hearing
on the proposed planned development. Notice of the public hearing
shall be provided and the public hearing shall be conducted in accordance
with state law and rules of procedure adopted by the Common Council.
(2)
The Common Council shall review the application, the standards
and requirements established by this article, the report of the Community
Development Department, the recommendation of the Plan Commission,
and any and all evidence and testimony received by the Common Council
at the public hearing. Following the close of the public hearing and
at a regular meeting, the Common Council shall either:
(3)
In approving a planned development, the Common Council may attach
such conditions to the approval as it deems necessary to have the
proposed use or combination of uses meet the standards set forth in
this article and to prevent or minimize adverse impacts on other property
in the immediate vicinity. Such conditions may include, but are not
limited to limitations on size, bulk, and location; requirements for
landscaping, signage, outdoor lighting, provisions for adequate ingress
and egress; hours of operation; and such other conditions as the Common
Council may deem to be in furtherance of the objectives of this article.
(a)
An application for a planned development may only be filed by one
who has an ownership interest, or the agents thereof; or any contract
purchaser or anyone holding an option to purchase the parcel of land
on which the use or combination of uses is to be located.
(b)
Applications for a planned development shall be filed with the Community
Development Director or their designee in such form and accompanied
by such information, with sufficient copies, as shall be established
from time to time by the City. Every application shall contain, at
a minimum, the following information, and related data and any other
plans or studies necessary to determine the potential impact of the
development as determined by the City:
(1)
The names and addresses of the owner of the subject property,
the applicant, and all persons having an ownership or beneficial interest
in the subject property and proposed planned development.
(2)
A statement from the owner of the subject property, if not the
applicant, approving of the filing of the application by the particular
applicant.
(3)
A survey of, and legal description and street address for the
subject property.
(4)
A statement indicating compliance of the proposed planned development
with the Comprehensive Plan; and evidence of the proposed project's
compliance in specific detail with each of the "standards for review"
for planned developments.
(5)
A scaled site plan showing the existing contiguous land uses,
natural topographic features, zoning districts, public thoroughfares,
transportation, and utilities.
(6)
A design standards and concept plan document.
(7)
The substance of covenants, easements, and other restrictions
existing and any to be imposed on the use of land, including common
open space, and buildings or structures.
(8)
A schedule of development showing the approximate date for beginning
and completion of each stage of construction of the planned development.
(9)
A professional traffic study acceptable to the City showing
the proposed traffic circulation pattern within and in the vicinity
of the area of the planned development, including the location and
description of public improvements to be installed, and any streets
and access easements.
(10)
A professional economic analysis acceptable to the City, including
the following:
(11)
Copies of all environmental impact studies as required by law.
(12)
An analysis setting forth the anticipated demand on all City
services.
(13)
A plan showing off-site utility improvements required to service
the planned development.
(14)
A site drainage plan for the commercial planned development.
(15)
A written summary of residents' comments, pertaining to the
proposed application, from any meeting held pursuant to the requirements
of this article.
(c)
Every application must be accompanied by a fee in such amount as
established in a resolution adopted by the Common Council.
(a)
Approval of the planned development by the Common Council authorizes
the applicant to proceed with any necessary applications for site
plan approval, building permits, certificates of occupancy, and other
permits which the City may require for the proposed planned development.
The City's Community Development Director or their designee shall
review applications for these permits for compliance with the terms
of the planned development granted by the Common Council. No permit
shall be issued for development which does not comply with the terms
of the planned development.
(b)
The Common Council shall direct the Community Development Director
or their designee to revise the Official Zoning Map to reflect the
existence and boundaries of each planned development through the application
of the Planned Unit Development Overlay District.
(c)
Subject to Subsection (g) below, an approval of a planned development by the Common Council shall be null and void if the recipient does not file an application for a building permit relative to the proposed planned development within 12 months after the date of adoption of the ordinance approving the planned development.
(d)
Subject to Subsection (g) below, an approval of a planned development by the Common Council shall be subject to revocation if construction has not commenced within two years and does not comply with the construction schedule filed with the petition.
(e)
Subject to Subsection (g) below, an approval of a planned development with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.
(f)
An extension of the time requirements stated in Subsections (c), (d), and (e), of this section may be granted by the Common Council after recommendation by the Plan Commission for good cause shown by the applicant, provided a written request is filed with the City at least four weeks prior to the respective deadline.
(g)
No application for a planned development which was previously denied
by the Common Council shall be considered by the Plan Commission or
the Common Council if it is resubmitted in substantially the same
form and/or content within one year of the date of such prior denial.
In this regard:
(1)
The Community Development Director or their designee shall review
the application for a planned development and determine if the application
is or is not substantially the same. An applicant has the right to
request a hearing before the Common Council to appeal the determination
of the Community Development Director or their designee that the application
is substantially the same, provided a petition for appeal is filed
in writing with the Community Development Director or their designee
within 10 days of the Community Development Director's or their designee's
determination.
(2)
The Common Council shall affirm or reverse the determination
of the Community Development Director or their designee, regarding
whether the new application is in substantially the same form after
receipt of a petition for appeal.
(3)
If it is determined that the new application is not substantially
in the same form, then the applicant shall be entitled to continue
with the application process in accordance with the provisions of
the set forth herein.
(a)
Except as provided in Subsection (b) below, any modifications to an approved planned development or any addition to or expansion of an existing planned development shall require separate review and approval under the provisions of the Zoning Ordinance.
(b)
A minor change is any change in the site plan or design details of
an approved planned development which is consistent with the standards
and conditions applying to the planned development and which does
not alter the concept or intent of the planned development. A minor
change shall not increase the planned development's density, increase
the height of buildings, reduce open space, modify the proportion
of housing types, change or add new parking areas, alter alignment
of roads, utilities or drainage, amend final development agreements,
provisions or covenants, or provide any other change inconsistent
with any standard or condition imposed by the Common Council in approving
the planned development. Said minor change may be approved by the
Community Development Director or their designee without obtaining
separate approval by the Common Council. In addition, the Common Council
may, after reviewing the request for a major change made by the applicant,
direct the Community Development Director or their designee to process
the request as a minor change.
[Added 11-1-2022 by Ord. No. 3056]
The Traditional Neighborhood Development (TND) District, enacted
pursuant to §§ 62.23 and 66.1027, Wis. Stats. (as amended),
is intended to allow the optional development and redevelopment of
land in Oak Creek consistent with the design principles of traditional
neighborhoods.
(a)
A traditional neighborhood:
(1)
Is compact and designed for the human scale;
(2)
Provides a mix of uses, including residential, commercial, civic,
and open space uses, in close proximity to one another within the
neighborhood;
(3)
Provides a mix of housing styles, types, and sizes to accommodate
households of all ages, sizes, and incomes;
(4)
Incorporates a system of relatively narrow, interconnected streets
with sidewalks and access to bicycle and transit routes, offering
multiple routes for motorists, pedestrians, and bicyclists; and provides
for the connections of those streets to existing and future developments;
(5)
Retains existing buildings with historical or architectural
features that enhance the visual character of the community;
(6)
Incorporates significant environmental features into the design;
(7)
Is consistent with the City of Oak Creek Comprehensive Plan.
(b)
Applicability. This ordinance applies as an alternative set of standards
for development or redevelopment on sites of 20 acres or more and
is identified for mixed use in the Comprehensive Plan, or is contiguous
to an existing mixed-use development of 20 acres or more.
(c)
Interpretation. Development shall be planned, reviewed, and carried
out in conformance with all municipal, state, and other laws and regulations.
However, if there is a conflict between the provisions of this section
and other provisions of the zoning or subdivision sections of the
Oak Creek Municipal Code, this section shall take precedence.
(d)
Application and approval process.
(1)
Pre-application conference. Prior to the official submission
of the application for the approval of a Traditional Neighborhood
Development, the applicant shall meet with City staff to discuss the
scope and proposed nature of the contemplated development.
(2)
Zoning Map amendment and planned unit development review. Following the pre-application conference, the applicant shall submit a development plan with related applications and fees for Zoning Map amendment (rezone) to a Traditional Neighborhood Development District, and planned unit development (PUD) approval. The requirements and review procedures in §§ 17.0703 to 17.0706 (as amended) shall apply. If there is a conflict between the provisions of this section and §§ 17.0703 to 17.0706 (as amended), the requirements of this section shall be in addition to §§ 17.0703 to 17.0706 (as amended) unless otherwise determined in writing by the Department of Community Development. The Plan Commission shall consider the rezone and PUD request at a regular public meeting, and shall issue a recommendation to the Common Council for consideration at a public hearing in conformance with Municipal Code.
(3)
Planned unit development (PUD).
a.
Development plan requirements. The development plan for the
PUD shall include the following:
1.
A written report containing:
[a]
The relationship of the proposed PUD to the City's
adopted Comprehensive Plan, or any adopted component thereof.
[b]
An analysis of site conditions and development
objectives.
[c]
Total area to be included in the PUD and area(s)
of open space.
[d]
All contemplated land uses within the PUD, along
with the proposed intensity of use.
[e]
Total number and types of dwelling units, including
affordable units, residential density computations, demographics analysis,
availability of or requirements for municipal services, and any other
similar data pertinent to a comprehensive evaluation of the proposed
development. (Affordable units are those in which mortgage, amortization,
taxes, insurance, and condominium/association fees, if any, constitute
no more than 30% of gross annual household income for a household
of the size which may occupy the unit. Rental units are considered
affordable if the rent and utilities constitute no more than 30% of
gross annual household income for a household of the size that may
occupy the unit.)
[f]
Estimated value of structures and site improvement
costs, landscaping, and special features.
[g]
Covenants, easements, or agreements which will
be used to manage and maintain the proposed development.
[h]
Any proposed departures from the standards of development
as set forth in the City zoning regulations, other City regulations
or administrative rules, or other universal guidelines.
[i]
The expected dates of commencement and completion
of physical development as set forth in the proposal. If the PUD is
to be developed in phases, a phasing plan setting forth the starting
and completion dates of each phase shall be submitted.
[j]
A statement indicating the type of federal or state
program being used to provide a subsidy or less-than-market (affordable)
rents for the units proposed.
2.
A general location map of suitable scale which shows the location
of the property within the community and adjacent parcels, including
locations of any public streets, railroads, major streams or rivers,
and other major features within 1,000 feet of the site.
3.
Natural drainage patterns and water resources, including streams,
drainage swales, ponds, lakes, wetlands, and floodplains, and proposed
major changes in the above.
4.
Plans, including proposed topographic contours at two-foot intervals,
with the following information:
[a]
A legal description of the property prepared by
a professional surveyor.
[b]
Identification of the developer, if different from
owner(s).
[c]
The circulation system indicating pedestrian, bicycle,
and motor vehicle movement systems, including existing and proposed
public and private streets or rights-of-way; transit stops; easements
or other reservations of land on the site; the location and dimensions
of existing and proposed curb cuts, off-street parking, loading spaces,
and service access; sidewalks and other walkways.
[d]
The size, type, and locations of proposed and existing
structures that will remain. Gross square footage and height of existing
structures shall be included.
[e]
Proposed parks, open space, recreational areas,
preserved areas, and areas dedicated for public uses, and percentage
of overall development dedicated to each use.
[f]
Characteristics of soils related to contemplated
specific uses.
[g]
General location of trees, vegetation, landscaping
proposed or existing to remain.
[h]
The location of street and public pedestrian lighting,
including lamp intensity and height.
5.
A stormwater management plan for the site in conformance with
Chapter 13 of the Municipal Code (as amended).
6.
Elevations and/or conceptual renderings incorporating building
materials, color schemes, dimensions, and related information for
proposed commercial and multifamily residential buildings, and typical
elevations of all other residential buildings.
7.
A utilities plan showing existing and proposed (public and private)
underground and above ground lines and structures for water, sanitary
sewers, electricity, gas, telecommunications, etc., and easements
therefor.
8.
Phasing plan (if applicable).
9.
Any other information deemed necessary by the Department of
Community Development in order to evaluate plans.
(4)
Site and building plan review. Detailed site, architectural,
landscaping, lighting, and related plan review shall be required for
the development following approval of the PUD. Architectural review
shall be required for all multifamily residential dwellings with a
density of four or more units per structure, all mixed-use structures,
and all other nonresidential structures. General architectural plans
detailing designs and allowed materials shall be included as part
of the approved PUD for all single-family, two-family, and three-family
dwellings, which do not require additional site and architectural
reviews.
(e)
Ownership and maintenance of public space. Provisions shall be made
for the ownership and maintenance of streets, squares, parks, open
space, multimodal paths, and other public spaces in a Traditional
Neighborhood Development by dedication to the City or as otherwise
approved by the Common Council.
(f)
Subdivision of land. If the Traditional Neighborhood Development
involves a subdivision and/or condominium plat as defined in Chapter
14 of the Municipal Code (as amended), the applicant shall submit
all required land division documents in accordance with the requirements
of the Subdivision and Platting Code and Ch. 236, Wis. Stats. If there
is a conflict between the design standards of the subdivision ordinance
and the design guidelines of this chapter, the provisions of this
chapter shall apply.
(g)
Amendments to the Traditional Neighborhood Development/PUD.
(1)
Major change. Except as provided in Subsection (g)(2) below, any modifications to an approved Traditional Neighborhood Development Plan (TND) and/or PUD or any addition to or expansion of an existing TND Plan/PUD shall be considered major changes requiring separate review and approval under the provisions of Subsection (d) above and § 17.0708 of the Zoning Ordinance (as amended).
(2)
Minor change. A minor change is any change in the site plan
or design details of an approved TND Plan/PUD which is consistent
with the standards and conditions applying to the TND Plan/PUD, and
which does not alter the concept or intent of the TND Plan/PUD. A
minor change shall not increase the TND Plan/PUD's density; increase
the height of buildings; reduce open space; modify the proportion
of housing types; change or add new parking areas; alter alignment
of roads, utilities or drainage; amend final development agreements,
provisions or covenants; or provide any other change inconsistent
with any standard or condition imposed by the Common Council in approving
the TND Plan/PUD. Said minor change may be approved by the Department
of Community Development without obtaining separate approval by the
Common Council. In addition, the Common Council may, after reviewing
the request for a major change made by the applicant, direct the Department
of Community Development to process the request as a minor change.
(h)
TND design standards.
(1)
In order to achieve the proximity necessary to make neighborhoods
walkable, it is important to mix land uses. A TND shall consist of
residential, mixed-use, and open space, as specified below.
a.
Residential area(s). The TND shall include one or more residential
area(s) to meet the housing needs of the City. For infill development,
the required mix of residential uses may be satisfied by existing
residential uses adjacent to the TND site.
1.
Permitted residential uses.
|
Table 17.0709(h)(1)(a)(1)
Permitted Residential Uses
| ||
|---|---|---|
|
Use
|
Minimum Density/Net Acre
|
Maximum Density/Net Acre
|
|
Single-family detached
|
4 units
|
11 units
|
|
Single-family attached
| ||
|
2 units
|
6 units
|
12 units
|
|
3 to 4 units
|
6 units
|
12 units
|
|
5 to 9 units
|
10 units
|
30 units
|
|
Multifamily/senior housing
|
No minimum
|
97 units/102 units
|
2.
Required mix. A minimum of two housing types from this list
must be present in any TND. Single-family detached dwellings shall
constitute a maximum of 70% of the dwelling units.
3.
Density bonus. Increases over the maximum allowed density -
up to 10% - may be considered on a case-by-case basis for plans that
include affordable housing units as defined in Subsection (d)(3)(a)(1)(e)
above. A minimum of 10% of the housing type requested for the density
bonus shall be affordable housing units.
b.
Mixed-use area. A TND shall include one or more mixed-use area(s)
containing commercial, civic, residential, and open space uses. For
infill development, this requirement may be satisfied by existing
commercial, civic, and open space uses, provided that these are located
within a 1/2-mile radius of all proposed dwellings.
1.
Commercial uses. Commercial uses listed below, up to 10,000
square feet in size, are permitted. Commercial uses exceeding 10,000
square feet in size shall require a conditional use permit.
[a]
Food services (e.g., grocery stores, butcher shops,
bakeries, and other specialty food stores); restaurants without drive-through
facilities; cafes; coffee shops; bars, taverns, microbreweries, neighborhood
scale distilleries or wineries, and tasting rooms; ice cream or candy
shops; and similar uses.
[b]
Retail, excluding adult entertainment.
[c]
Services, including financial institutions without
drive-up or drive-through facilities, day care centers, veterinary
services or hospitals, self-service laundry or dry-cleaner, and similar
uses.
2.
Lodging uses. Bed-and-breakfast, motels, hotels, and similar
uses shall require a conditional use permit.
3.
Residential uses. As listed under Subsection (a)(1) above, excluding
single-family detached dwellings, but including the following:
[a]
Residential units located above commercial uses.
[b]
Live-work units that combine a residence and workplace,
provided that the residence is occupied by the owner of the business.
[c]
Community living arrangements and assisted living
facilities subject to approval of a conditional use permit in conformance
with Code and statutory provisions. The status of each use in terms
of density and housing type shall be determined based on the findings
for the conditional use permit.
4.
Civic or institutional uses, with a conditional use permit.
5.
Open space and recreational uses:
[a]
Central square, amphitheater, promenade, or similar
outdoor gathering space.
[b]
Neighborhood park or adjacency to regional facilities (adjacent facilities are NOT included in the minimum 30% open space requirement in Subsection (c) below).
[c]
Playground, outdoor recreational facilities, and
neighborhood clubhouse facilities in conformance with Code requirements.
[d]
Natural/open space areas.
6.
Density and intensity. Density ranges and required mix of single-family
and multifamily dwelling units are as specified in Subsection (h)(1)a
above.
7.
Maximum nonresidential area. The total land area devoted to
nonresidential development, including ground floor commercial or office
uses, civic buildings, and parking areas, shall not exceed 25% of
the gross acreage of the TND.
c.
Open space area. At least 30% of the gross acreage within the
TND PUD shall be designated as open space. Open spaces do not include
required setback areas and rights-of-way, or impervious surfaces.
Open space areas may include:
1.
Wetlands and stormwater detention/retention basins.
2.
Environmental corridors, greenways, and protected natural areas.
3.
Streams, ponds, and other water bodies.
4.
Neighborhood parks, squares, plazas, and playing fields, excluding
community, regional, county, or state parks.
5.
At least 25% of the open space area must be common open space
available for the development and/or public. At least 90% of all dwellings
shall be located within 1/4 mile of such common open space.
(2)
Stormwater management. The design and development of the TND
PUD should minimize off-site stormwater runoff, promote onsite filtration,
and minimize the discharge of pollutants to ground and surface water.
Natural topography and existing land cover should be maintained/protected
to the maximum extent practicable. New development and redevelopment
shall meet the requirements of Chapter 13 of the Municipal Code.
(3)
Dimensional standards. Minimum and maximum dimensions are as
shown in Table 17.0709(h)(3)d below. These standards shall apply to
both the residential and mixed-use areas.
a.
Block and lot size diversity. A variety of lot sizes should
be provided to facilitate housing diversity and choice and meet the
projected requirements of people with different housing needs.
b.
Lot widths. Lot widths should create a relatively symmetrical
street cross-section that reinforces the public space of the street
as a simple, unified public space. Similar lot sizes and housing types
should generally be located on opposite sides of a street. Lots are
defined to include parcels, tracts, condominium lots, and other areas
established by subdivision plat, Certified Survey Map, condominium
plat, or other legal mechanism by which to define the boundaries of
land for development.
c.
Standards for garages. Garages may be placed on residential
lots either attached to the principal building or as a detached accessory
building in conformance with the following requirements:
1.
The total of all accessory buildings on a lot, including attached
and detached garages, shall not exceed 1,000 square feet or 75% of
the livable area of the principal structure, whichever is less, and
shall meet all setback requirements. There shall be a minimum setback
of five feet to an alley unless granted a modification by the Plan
Commission as part of the TND PUD.
2.
An attached garage shall be located to the rear of or recessed
behind the primary facade of single-, two-, and three-family residences.
d.
Dimensional standards, Traditional Neighborhood Development.
|
Table 17.0709(h)(3)(d)
Dimensional Standards, Traditional Neighborhood Development
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Standard
|
Single-Family
Detached
(a)
|
Single-Family
Attached
(2 Units)
(a)
|
Single-Family
Attached
(3 to 4 Units)
(a)
|
Single-Family
Attached
(5 to 9 Units)
(a)
|
Multifamily
|
Mixed Use
|
Nonresidential
|
Civic (institutional, rec.) bldgs
|
|
Lot standards (Minimum)
| ||||||||
|
Lot area (square feet)
|
3,600
|
7,200
|
10,400
|
17,820
|
42,000
|
15,000
|
5,000 to 10,000
|
—
|
|
Lot width (feet)
|
40
|
80
|
116
|
90
|
120
|
100
|
75
|
—
|
|
Yard setbacks (4)
| ||||||||
|
Front
| ||||||||
|
Minimum (feet)
|
5
|
10
|
10
|
5
|
2
|
5
|
5
|
30
|
|
Maximum (feet)
|
15
|
16
|
16
|
17
|
—
|
15
|
—
|
—
|
|
Side (b), (c), (e) (feet)
|
3
|
5
|
5
|
10
|
2
|
10
|
5
|
30 to 50
|
|
Side (b), (c), (e) (feet)
|
5
|
5
|
5
|
10
|
2
|
10
|
5
|
30 to 50
|
|
Rear (b) (feet)
|
4
|
4
|
4
|
18
|
2
|
5 to 20
|
15 to 25
|
50
|
|
Building standards (maximum)
| ||||||||
|
Height (d) (feet)
|
2.5 stories/35
|
2.5 stories/35
|
2.5 stories/35
|
2.5 stories/35
|
5 stories/75
|
50
|
50 to 55
|
55
|
|
Building Coverage (f)
|
70%
|
—
|
—
|
—
|
—
|
—
|
25%
|
25%
|
|
Lot coverage (f)
|
70%
|
70%
|
70%
|
70%
|
70%
|
70%
|
70%
|
70%
|
|
NOTES:
| |
|
(a)
|
For buildings incorporating a front porch, the front setback
shall be measured to the nearest point of the front porch to the lot
line. Maximum front setbacks shall be measured to the front plane
of the principal building to the lot line.
|
|
(b)
|
A reduction in the required setbacks to private alleys may be
approved by the Plan Commission as part of the PUD.
|
|
(c)
|
For single-family detached dwellings, a minimum side yard setback
of three feet shall be provided for one side lot line, and a minimum
side yard setback of five feet for the opposite side lot line.
|
|
(d)
|
Height modifications shall be requested in accordance with Subsection (d)(3)a(1)[h] above and § 17.0303(a) (as amended).
|
|
(e)
|
Double lot frontage. Structures on lots abutting two opposite
streets shall be provided with a front setback and a rear setback.
The front and side setbacks shall be determined as part of the PUD
and in a manner that prohibits access to a double frontage lot from
arterial streets. The selected front setback area shall be required
to comply with the front setback requirements for the district in
which the lot is located. The selected rear setback area shall be
required to comply with the rear setback requirements for the district
in which the lot is located and the rear setback area shall be screened
from arterial streets with fencing or landscaping, as may be appropriate.
|
|
(f)
|
Standards for the gross area of the PUD.
|
(4)
Circulation standards.
a.
Objectives. The circulation system shall:
1.
Allow for multiple modes of transportation.
2.
Provide functional and visual links within the residential,
mixed-use, and open space areas of the TND PUD.
3.
Provide multiple connections to existing and proposed external
development.
4.
Provide adequate traffic capacity.
5.
Provide multiple connections to pedestrian and bicycle routes,
including off-street bicycle or multiuse paths.
6.
Control through traffic.
7.
Limit lot access to streets of lower traffic volumes.
8.
Promote safe and efficient mobility through the TND PUD.
b.
Pedestrian circulation. Convenient pedestrian circulation systems
that minimize pedestrianmotor vehicle conflicts shall be provided
continuously throughout the TND PUD. Where feasible, any existing
pedestrian routes through the site shall be preserved and enhanced.
All streets, except for alleys, shall be bordered by sidewalks in
accordance with Municipal Code and Engineering Department requirements.
The following provisions also apply:
1.
Sidewalks in residential areas. Clear and well-lighted sidewalks
at least five feet in width, depending on projected pedestrian traffic,
shall connect all dwelling entrances to the adjacent public sidewalk.
2.
Sidewalks in mixed-use areas. Clear and well-lighted walkways
at least five feet in width shall connect all building entrances to
the adjacent public sidewalk and associated parking areas.
3.
Disabled accessibility. Sidewalks shall comply with the applicable
requirements of the Americans with Disabilities Act.
4.
Multimodal paths shall be designed and constructed to Municipal
Code and Engineering Department requirements. Pedestrian-scale lighting
of paths located outside of public rights-of-way is encouraged.
5.
Crosswalks. Intersections of sidewalks with streets shall be
designed with clearly defined edges. Crosswalks shall be well-lit
and clearly marked with contrasting paving material at the edges or
with striping.
c.
Bicycle circulation. Bicycle circulation shall be accommodated
on streets and/or dedicated multimodal paths. Any existing or planned
bicycle routes through the site shall be preserved or developed. Bicycle
facilities may include off-street multimodal paths (generally shared
with pedestrians and other non-motorized uses) and/or separate striped
bicycle lanes on streets in accordance with Municipal Code and Engineering
Department requirements.
d.
Transit access. Where public transit service is available or
planned, convenient access to transit stops shall be provided. Transit
shelters, where provided, shall be well-lighted and placed in highly
visible locations that provide security through surveillance.
e.
Motor vehicle circulation. Motor vehicle circulation shall be
designed to minimize conflicts with pedestrians and bicycles. Traffic
calming features, such as queuing streets, curb extensions, traffic
circles, and medians, may be used to encourage slow traffic speeds.
1.
Street hierarchy and design. Table 17.0709(h)(4)f is provided
as a general guide to street design in the TND PUD. Street and right-of-way
widths shall be reviewed as part of the concept plan review and shall
be approved as part of the TND PUD.
2.
Arterial streets should not bisect a TND PUD, but may border
a TND PUD.
3.
Alleys may be used to provide primary access to residential
garages and commercial parking areas. Unless otherwise approved by
the Common Council, alleys shall be under private ownership.
f.
Street design guidelines.
|
Table 17.0709(h)(4)(f)
Street Design Guidelines
| ||||
|---|---|---|---|---|
|
Collector
|
Sub-Collector
|
Local Street
|
Alley
| |
|
Typical average daily trips
|
750 or more
|
250 to 750
|
Less than 250
|
—
|
|
Right-of-way (feet)
|
75 to 90
|
50 to 75
|
50 to 60
|
12 to 16
|
|
Auto travel lanes
|
2 at 12 feet
|
2 at 10 feet
|
2 at 10 feet
|
2 at 8 feet or 1 at 12 feet (1-way)
|
|
Bicycle lanes (may be required where needed)
|
6 feet next to parking lane
|
4 feet without parking(1) or 6 feet
next to parking lane
|
—
|
—
|
|
Parking
|
Both sides, 9 feet
|
One or both sides, 9 feet
|
One or both sides, 9 feet
|
None (access to drives and garages)
|
|
Curb and gutter
|
Required
|
Required
|
Required
|
—
|
|
Terrace
|
Both sides, minimum 8 feet
|
Both sides, minimum 6 feet
|
Both sides, minimum 6 feet
|
—
|
|
Sidewalks
|
Both sides, minimum 5 feet
|
Both sides, minimum 5 feet
|
Both sides, minimum 5 feet
|
—
|
|
Notes:
| |
|
(1)
|
Not including gutter requirements.
|
g.
Parking requirements. Parking areas for shared or community
use should be encouraged and designed in conformance with the following:
1.
In the mixed-use area, any parking lot shall be located at the
rear or side of a building. If located at the side, screening shall
be provided per Code requirements.
2.
A surface parking lot or detached parking garage shall not be
located adjacent to or opposite a street intersection.
3.
In the mixed-use area, a parking study shall be required for
all proposed commercial uses to determine parking requirements. Parking
may be provided in shared or community lots within 1,000 feet of the
site.
4.
On-street parking directly adjacent to a community amenity may
apply toward the minimum parking requirements for that amenity as
part of an approved TND PUD.
5.
Parking setbacks shall be in conformance with Code requirements
unless modified by the Plan Commission and Common Council as part
of an approved TND PUD.
6.
Surface parking lots or garages shall provide bicycle parking
areas in conformance with NACTO standards. Bicycle parking areas are
encouraged in community areas.
h.
Service access. Direct access to service and loading dock areas
for service vehicles should be provided, while avoiding movement through
parking areas to the greatest extent possible. Alleys may be used
to provide service access. Loading docks and overhead doors shall
not face up on a street right-of-way.
i.
Paving. Reduction of impervious surfaces through the use of
interlocking pavers is strongly encouraged for surface parking areas.
(5)
Architectural standards. A variety of architectural and design
features and building materials is encouraged to give each building
or group of buildings a distinct character, as well as sensitivity
to the surrounding context.
a.
Standards for existing structures.
1.
Existing structures, if determined to be historic or architecturally-significant,
shall be protected from demolition as part of a traditional neighborhood
development. The National Register of Historic Places and/or the Wisconsin
State Register shall be utilized to determine protections under this
section. The U.S. Secretary of the Interior's Standards for Rehabilitation
of Historic Properties shall be used as the criteria for renovating
historic or architecturally-significant structures.
2.
Additions to existing structures shall adhere to all requirements
of this section, applicable sections of the Municipal Code, and TND
PUD approvals.
b.
Standards for new structures. All new structures shall meet the dimensional requirements in § 17.0709(h)(3)d above and the following:
1.
Building height. To create a visually unified streetscape, buildings
should be no more than 30% taller or shorter than the average building
height on the block in mixed-use areas.
2.
Entries and facades.
[a]
The architectural features, materials, and the
articulation of a facade of a building shall be continued on all sides
visible from a public street.
[b]
Exterior building materials shall be traditional,
time- and weather-tested materials and techniques.
[1]
Exterior building materials utilized on the ground floor shall
be limited to wood, masonry, stucco, fiber cement, or stone veneer
systems. Stone veneer systems utilized on the ground floor shall have
a minimum thickness of three inches.
[2]
Exterior building materials utilized on upper floors may include
all materials permitted on the ground floor as well as EIFS, stone
veneer systems, or precast panels with inlaid or stamped brick texture.
All materials utilized on upper floors shall have a minimum thickness
of one inch and shall be structurally integrated into the facade of
the building.
[3]
The front or principal facade of the principal building on any
lot shall face a public street and shall not be oriented to face directly
toward a parking lot.
[c]
Buildings of more than 30 feet in width shall be divided into
smaller regular increments through articulation of the facade. This
can be achieved through variations in materials, detailing, roof lines,
and elements, such as arcades, awnings, windows, and balconies.
[d]
The ground level of any multistory, commercial,
and mixed-use structure shall be visually distinct from the upper
stories through the use of an intermediate cornice line, sign band,
awning or arcade, or a change in building materials, texture, or detailing.
[e]
Porches, pent roofs, roof overhangs, hooded front
doors, or similar architectural elements shall be used to define the
front entrance to all residences or multifamily buildings.
3.
Transparency for commercial and mixed-use buildings. For commercial
or mixed-use buildings, a minimum of 30% of the front facade on the
ground floor, excluding service entries, shall be transparent, consisting
of window or door openings allowing views into and out of the interior.
A modification of up to 50% of the transparent glazing requirement
in this section may be granted by a majority approval of the Plan
Commission as part of site and building plan review:
[a]
If supplemental design elements or improvements
are incorporated into the project over and above those which are otherwise
required which compensate for the modification. In support of the
modification request, the applicant shall detail such supplemental
design elements in written and graphical form, and provide an explanation
as to the nature of the standards for which the modification is requested.
[b]
Supplemental design elements or improvements may
include:
[1]
Increased percentage of brick, stone, or decorative exterior
building materials.
[2]
Sustainable building materials/elements (e.g.,
green roof, recycled materials, etc.).
[3]
Awnings and/or canopies.
[4]
Decorative lighting fixtures (pedestrian-level).
[5]
Hanging planters, landscaped planter beds, free-standing
moveable planters.
[6]
Benches and/or landscaped seating areas.
[7]
Electric vehicle charging stations, bicycle parking
and repair stations, and other alternative transportation enhancements.
(6)
Site design standards.
a.
Lighting standards. All plans for lighting within the TND PUD shall be designed in conformance with § 17.0509 of the Municipal Code (as amended).
b.
Standards for exterior signage. Sign number, size, height, and location in the TND PUD shall meet the requirements of Chapter 17 (as amended). A master sign program shall be developed for the entire TND PUD that establishes a uniform sign theme.
c.
Landscaping and screening standards. A Master Landscape Plan shall be developed for the common areas of the TND PUD in accordance with landscaping and screening requirements in §§ 17.0505 and 17.0506, and the following:
1.
Overall composition and location of landscaping shall complement
the scale of the development and its surroundings. In general, larger
well-placed contiguous planting areas shall be preferred to smaller
disconnected areas.
2.
Street trees. A minimum of one deciduous canopy tree per 80
feet of street frontage or fraction thereof shall be required. Trees
may be clustered and need not be evenly spaced. Trees should preferably
be located within a planting strip between the sidewalk and the curb,
within a landscaped median strip, or in tree wells installed in pavement
or concrete.
