Pierce County, WI Article VI Planned Residential Development

§ 240-47 Purpose.

A. The planned residential development option is intended to give landowners greater flexibility in developing tracts of land on a project basis by relaxing the various lot area, lot width, setback, yard and other regulations.

B. The planned residential development option is intended to promote the benefits of:

(1) Coordinated area site planning.

(2) Diversified location of structures.

(3) Safe and efficient pedestrian and vehicular traffic systems.

(4) Attractive recreation and open spaces.

(5) Economical arrangement of public and private utilities and community facilities.

(6) Preservation of natural resources and agricultural land.

§ 240-48 General requirements.

A. A planned residential development is permissible only on tracts of 40 acres or more in areas zoned PRD.

B. The overall density of a tract developed as a planned residential development shall not be greater than three times the maximum residential density of dwelling units of the underlying zoning district as contained in § 240-23 of these regulations.

C. Permissible types of residential development shall include single-family residences, duplexes, manufactured homes and multifamily dwellings. Approval of a planned residential development by the Land Management Committee shall remove the necessity to receive a conditional use permit where required by these regulations. Permissible types of nonresidential development shall include such uses typically associated with the permitted common area use which is incorporated into the planned residential development.

D. To the extent practicable, the two-family and the multifamily portions of a planned residential development shall be constructed more toward the interior rather than the periphery of the tract so that single-family residences border adjacent properties.

E. In a planned residential development, landscape buffers which would normally apply where duplexes or multifamily development adjoins a single-family development shall not apply within a tract developed as a planned residential development, but all landscape buffer requirements shall apply between the tract so developed and adjacent lots.

F. The requirements for minimum lot area in a planned residential development may be varied by 50% from those of the underlying zoning district as contained in § 240-23 of these regulations.

G. The minimum lot width, side yards and rear yards in a planned residential development may be varied by 20% from those of the underlying zoning district as contained in § 240-23 of these regulations.

H. The setback from roads as contained in § 240-27 of these regulations and the height requirements as contained in § 240-29 of these regulations may be varied by 20%.

§ 240-49 Preserved open space.

At least 25% of the parcel designated as a planned residential development shall be devoted to open space and/or recreation uses. Parkland dedication and fees in lieu of parkland dedication shall be as required in Chapter 237, Subdivision of Land.

§ 240-50 Statement of plan approval.

Within 30 days following approval of a development plan, there shall be filed with the Register of Deeds of Pierce County a statement that a plan for the area has been approved. The statement shall contain the following information:

A. A legal description of the property.

B. A statement that copies of the plan are on file with the Zoning Administrator.

C. A statement as to the nature of the plan, the proposed density of land uses and other pertinent information sufficient to notify any prospective purchasers or users of land of the existence of such a plan.

D. A statement that the development plan shall become binding upon all successors and assigns unless amended in conformance with these regulations or amendments thereto.

§ 240-51 Application.

A. All applicants who desire to construct a planned residential development shall submit a development plan to the Zoning Administrator upon forms furnished by the Pierce County Department of Land Management. The development plan shall contain the following information:

(1) All the information required for a land use permit listed in § 240-73.

(2) Views within the site and vistas to and from the site.

(3) Noise generation sources.

(4) Surrounding uses, activities and influences on the site within 200 feet, including any existing or proposed streets, drives or buildings.

(5) A schedule of all total floor area, dwelling units, land area, parking areas and other aspects relative to these requirements in order that compliance with these regulations can be determined.

(6) Upon written request of the Zoning Administrator, such additional information as may be required by the Zoning Administrator so that the Land Management Committee and/or the Pierce County Board of Supervisors can determine whether or not the proposed planned residential development at the proposed location will not be contrary to the public interest and will not be detrimental or injurious to public health, public safety or the character of the surrounding area. The written request shall contain an explanation of why the additional information is needed.

B. Fee. All development plans shall be accompanied by a fee established by the County Board of Supervisors.

C. No application shall be accepted by the Zoning Administrator until complete as judged by the Zoning Administrator and until all fees established by Pierce County have been paid in full.

D. Public hearing. A public hearing shall be held by the Land Management Committee after public notice has been given as provided in § 240-81. At the public hearing, any party may appear in person or be represented by agent or attorney.

E. Determination. Following review, investigation and public hearing, the Land Management Committee shall render a decision.

(1) If the application is approved by the Land Management Committee, such decision shall include an accurate and complete description of the uses as permitted, including all the conditions attached thereto. The Land Management Committee may, in the process of approving the application, limit the use of the land to one specific permitted use in the zoning district for which the application has been submitted.

(2) If the application is denied, the reasons for denial shall be stated.

F. Basis of approval.

(1) The Land Management Committee shall review each application for a planned residential development for compliance with all relevant provisions of these regulations. In approving a planned residential development, the Land Management Committee shall determine that the proposed planned residential development at the proposed location will not be contrary to the public interest and will not be detrimental or injurious to the public health, public safety or character of the surrounding area.

(2) To aid in the review of the proposed planned residential development consistent with the above criteria, the Land Management Committee may evaluate the development according to criteria which shall include but shall not be limited to:

(a) The basis for approval of a site plan contained in § 240-75.

(b) The basis for approval of a conditional use contained in § 240-76.

(c) Any additional criteria deemed relevant by the Land Management Committee, including sureties, restrictions and conditions.

G. Resubmission. A development plan that has been heard and decided shall not be eligible to be resubmitted during the six months following the decision. The six-month period may be waived by the Land Management Committee in the same manner provided for conditional uses contained in § 240-76.

§ 240-52 Permit requirements.

A. Changes to development plan.

(1) In the event of any proposed substance change in the development plan of a planned residential development, the modified development plan must again be submitted for approval to the Land Management Committee before such modification can be made.

(2) For the purposes of this section, "substance change" shall mean the following:

(a) Increases in the density of residential uses of more than 5%.

(b) Increases of lot coverage of more than 5%.

(c) Increases in the height of any building of more than 10%.

(d) Changes of architectural style and building materials which will make the project less compatible with surrounding uses.

(e) Changes in ownership patterns or stages of construction that will lead to a different development concept.

(f) Decreases of any peripheral setback of more than 5%.

(g) Decreases of areas devoted to open space of more than 5% or the substantial relocation of such areas.

(h) Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.

(i) Modification or removal of conditions or stipulations to the development plan approval.

(3) All changes to the development plan which are not substance shall be approved by the Zoning Administrator before the modification occurs.

B. Abandonment of a development plan. In the event that a plan is given approval and thereafter the landowner shall abandon said plan and shall so notify the Zoning Administrator in writing, or in the event the landowner shall fail to commence the planned residential development within 18 months after approval has been granted, then in either event such approval shall terminate and shall be deemed null and void unless such time period is extended by the Land Management Committee upon written application of the landowner. Whenever a plan has been abandoned as provided by this section, no development shall take place on the property until a new development plan has been approved and filed in conformance with these regulations.