[Amended by Ord. No. 728-91]
The Planned Unit Development Overlay District
(hereinafter referred to as "PUD") is established to provide a voluntary
regulatory framework designed to encourage and promote improved environmental
and aesthetic design in the City by allowing for greater freedom,
imagination and flexibility in the development of land while ensuring
substantial compliance to the basic intent of this chapter and the
Comprehensive Plan for community development. A PUD provides for the
superimposing of an approved plan for development on property already
designated as a basic zoning district identified in this chapter.
PUD districts are approved specifically for the development being
proposed. If the development is not implemented within 24 months of
approval of the specific implementation plan, the property shall revert
to its original zoning. The amount of implementation progress required
to prevent reversion to the original zoning shall be included as part
of the specific implementation plan approval. Some specific purposes
of developments in the PUD are:
A. Residential planned developments. To offer recreational
opportunities close to home, to enhance the appearance of neighborhoods
by conservation of streams and local spots of natural beauty, to add
to the sense of spaciousness through the preservation of natural spaces,
to counteract the effects or urban monotony and congestion in the
streets, to encourage cooperative relationships between neighbors
and participation by all age groups in the use and care of local open
space tracts in new residential subdivisions, to promote harmonious
architecture between adjacent dwellings or institutional buildings,
and to encourage the placement of structures in proper relationship
to the natural characteristics of the site.
B. Business or commercial planned development. To promote
the cooperative development of business or commercial centers each
with adequate off-street parking, to control access points on thoroughfares,
to separate pedestrians and automobile traffic, to aid in stabilizing
property values, to develop centers of size and location compatible
with marked potential green spaces and to encourage harmonious architecture
between adjacent commercial structures and between homes and commercial
structures.
C. Industrial planned development. To promote the establishment
of industrial parks, to permit groups of industrial buildings with
integrated design and a coordinated physical plan, and to encourage
recreational facilities with industrial areas with landscaped green
spaces.
Principal uses are as follows: other than the
existing use, no use shall be permitted in the planned unit development
district except in conformity with an approved recorded specific implementation
plan adopted pursuant to the provisions hereinafter set forth.
In the planned unit development district there
shall be no predetermined specific lot area, lot width, height, floor
area ratio, yard, usable open space, sign and off-street parking requirements.
Such requirements which are made a part of an approved recorded specific
implementation plan agreed upon by the owner and the City shall be
construed, with the recorded plan itself, as a part of this article.
As a basis for determining the acceptability
of a planned unit development district application, the following
criteria shall be applied with specific consideration as to whether
or not it is consistent with the spirit and intent of this article
and has the potential for producing significant community benefits
in terms of environmental and aesthetic design:
A. Character and intensity of land use. In a planned
unit development district the uses and their intensity, appearance
and arrangement shall be of a visual and operational character which:
(1) Is compatible with the physical nature of the site
or area;
(2) Would produce an attractive environment of sustained
aesthetic desirability, economic stability and functional practicality
compatible with the general development plan;
(3) Would not adversely affect the anticipated provision
for school or other municipal service unless jointly resolved; and
(4) Would not create a traffic or parking demand incompatible
with existing or proposed facilities.
B. Economic impact. A planned unit development shall
not adversely affect the economic prosperity of the City or of surrounding
properties.
C. Preservation and maintenance of open space. In a planned
unit development district adequate provisions for the improvement
and continuing preservation and maintenance of attractive open space
shall be made.
D. Implementation schedule. A PUD shall include suitable
assurances that each phase could be completed in a manner which would
not result in an adverse effect upon the community as a result of
termination at any point in the development. The implementation schedule
shall designate to what extent the development shall be implemented
within a twenty-four-month period of time of approval of the implementation
plan for the property not to revert back to its original zoning.
[Amended by Ord. No. 872-99]
The procedure for rezoning to a planned unit
development district shall be as required for any other zoning district
change in this chapter, except that in addition thereto the rezoning
may only be considered in conjunction with a development plan and
shall be subject to the following additional requirements:
A. General development plan. The proponent of the zoning
change shall file the following with the Plan Commission:
(1) A statement describing the general character of the
intended development;
(2) An accurate map of the project area, including its
relationship to surrounding properties and existing topography and
key features;
(3) A plan of the proposed project showing sufficient detail to make possible the evaluation of the criteria for approval as set forth in §
430-52; and
(4) When requested, a general outline of the intended
organizational structure related to property owners' association deed
restrictions and private provision of common services, together with
such other additional relevant information as may be required by the
Plan Commission.
B. Referral and hearing.
(1) Within 60 days after completion of the filing of the
petition for approval for a general development plan, the Plan Commission
shall forward the petition to the Common Council with recommendations
that the plan is to be approved as submitted, approved with modifications
or conditions or disapproved.
(2) Upon receipt of the recommendations, the Council shall
determine whether or not to initiate a proposed zoning change to establish
the proposed planned unit development district and to schedule the
required public hearing.
(3) Approval of the rezoning and related general development
plan shall establish the basic right of use for the area when in conformity
with the plan as approved, but such plan shall be conditioned upon
approval of a specific implementation plan and shall not make permissible
any of the uses as proposed until a specific implementation plan is
submitted and approved for all or a portion of the general development
plan. If the approved general development plan is not recorded as
approved within 12 months of the date of approval by the Common Council,
the approval shall be null and void and a new petition and approval
process shall be required to obtain general development plan approval.
The specific implementation plan shall be submitted
to the Plan Commission.
A. Required information. The implementation plan submitted
shall include the following detailed construction and engineering
plans and related detailed documents and schedules and in addition
thereto all other information deemed relevant by the Plan Commission,
except when specific documents are waived by such Commission:
(1) An accurate map of the area covered by the plan, including
the relationship to the total general development plan.
(2) The pattern of public and private roads, driveways,
walkways, and parking facilities.
(3) Detailed lot layout and subdivision plat where required.
(4) The arrangement of building groups, other than single-family
residences, and their architectural character.
(5) Sanitary sewer and water mains.
(6) Grading plan and storm drainage system.
(7) The location and treatment of open space areas and
recreational or other specific amenities.
(8) The location and description of any areas to be dedicated
to the public.
(9) Landscape plan and plant list.
(10)
Proof of financing capability.
(11)
Analysis of economic impact upon the community.
(12)
A construction schedule indicating the approximate
dates when construction of the project can be expected to begin and
be completed. The construction schedule shall include a statement
as to what extent the project plan will be implemented within 24 months
of the time of the approval of the specific implementation plan.
(13)
Agreements, bylaws, provisions or covenants
which govern the organizational structure, use, maintenance and continued
protection of the development and any of its common services, common
open areas or other facilities.
B. Procedure for approving the specific implementation
plan.
(1) Following a review of the specific implementation
plan, the Plan Commission shall recommend to the Council that it be
approved as submitted, approved with modifications or conditions,
or disapproved. The Plan Commission or Council may require any reasonable
condition or design to consideration which will promote proper development
or benefit to the community.
(2) Upon receipt of the Plan Commission recommendation,
the Council may approve the plan and authorize the development to
proceed accordingly or disapprove the plan and send it back with specific
objections to such Commission for further negotiation with the developer.
(3) In the event of approval of the specific implementation
plan, the building, site and operational plans for the development,
as approved, as well as all other commitments and contractual agreements
with the City, shall be recorded by the developer within 12 months
of the date of approval by the Common Council in the Dodge County
Register of Deeds Office. This recording shall be accomplished prior
to the issuance of any building permit. If the specific implementation
plan is not recorded as approved within 12 months of the date of approval
by the Common Council, the approval shall be null and void, and a
new petition and approval process shall be required to obtain specific
implementation plan approval.
(4) Any subsequent change or addition to the plan or use shall first be submitted for approval to the Plan Commission, and if, in the opinion of such Commission, the change or addition constitutes a substantial alteration of the original plan, the procedure provided for in §
430-52 shall be required.