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Chapter 18. General Zoning Ordinance

Sec. 18-167. Planned Developments

(1) Purpose. The purpose of this Section is to provide regulations which govern the procedures for the review and approval, or denial, or proposed Planned Developments.

(2) Initiation of Request. Proceedings for approval of a Planned Development may be initiated by any of the following:

(a) An application by the owner(s) of the subject property;

(b) A recommendation of the Plan Commission to the Common Council; or

(c) By action of the Common Council.

(3) Procedure for Planned Development Approval. The procedure for zoning to a Planned Development (PD) district shall follow the Zoning Map Amendment procedure included in Section 18-160, except that the Planned Development procedure shall be subject to the following additional requirements.

(a) Pre-Application Conference. Prior to formal petition for zoning to a PD district, the applicant shall confer with appropriate City staff in order to establish mutual understanding as to the basic concept proposed and to ensure proper compliance with the requirements for processing. Points of discussion and conclusions reached in this stage of the process shall in no way be binding upon the applicant or the City, but should be considered as the informal, non-binding basis for proceeding to the next step.

(b) Optional Concept Plan Review. Upon completion of the pre-application conference, described above, the applicant may decide to prepare an optional conceptual plan for review by the Plan Commission.

1. At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the concept plan. Appropriate topics for discussion may include the any of the information provided in the concept plan, or other items as determined by the Plan Commission. Points of discussion and conclusions reached at this stage of the process shall be in no way be binding upon the applicant or the City, but should be considered as the informal, non-binding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal application for rezoning, which accompanies the General Development Plan application (see (3), below).

2. The concept plan submittal shall include the following items (digital files should be submitted rather than paper copies whenever possible).

a. A location map of the subject property and its vicinity.

b. A general written description of the proposed PD, including:

i. General project themes and images.

ii. The general mix of dwelling unit types and/or land uses.

iii. Approximate residential densities and nonresidential intensities as described by dwelling units per acre, landscaping surface ratio, and/or other appropriate measures of density and intensity.

iv. General treatment of natural features.

v. Relationship to nearby properties and public streets.

vi. Relationship of the project to the Comprehensive Plan.

vii. Description of potentially requested exemptions from the requirements of this Chapter. The purpose of this information shall be to provide the Plan Commission with information necessary to determine the relative merits of the project with respect to private versus public benefit, and to evaluate the potential adverse impacts created by making exemptions to standard zoning district requirements.

c. A conceptual drawing of the site plan layout, including the general locations of public streets and/or private drives.

d. The Plan Commission shall accept the concept plan and inform the applicant to move on to the next step in the PD process, General Development Plan.

(c) General Development Plan Review. Upon acceptance of the Concept Plan by the Plan Commission, the applicant shall submit a General Development Plan (GDP) to the Zoning Administrator for determination of completeness. Upon determination of completeness by the Zoning Administrator, the GDP may be placed on the Plan Commission agenda for review. The GDP establishes the zoning for the property.

1. The GDP submittal shall include the following items(digital files should be submitted rather than paper copies whenever possible):

a. General location map of the subject site depicting:

i. All lands for which the Planned Development is proposed and all other lands within 100 feet of the boundaries of the subject site.

ii. Names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds.

iii. Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control.

iv. A graphic scale and a north arrow.

b. Generalized site plan showing the pattern or proposed land uses, including:

i. General size, shape, and arrangement of lots and specific use areas.

ii. Basic street pattern.

iii. General site grading plan showing preliminary road grades.

iv. Basic storm drainage pattern, including proposed on-site stormwater detention.

v. Preliminary sanitary sewer and water system layout.

vi. General location of recreational and open space areas, including designation of any such areas to be classified as common open space.

c. Statistical data, including:

i. Minimum lot sizes in the development.

ii. Approximate areas of all lots.

iii. Density/intensity of various parts of the development.

iv. Building coverage.

v. Landscaping surface area ratio of all land uses.

vi. Expected staging.

d. Conceptual landscaping plan, noting approximate locations of foundation, street, yard, and paving landscaping, and comparing the proposed landscaping plan to the standard landscaping requirements in Article VIII.

e. General signage plan, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from City standards or common practices.

f. General outline of property owners association, covenants, easements, and deed restrictions.

g. A written description of the proposed Planned Development, including:

i. General project themes and images.

ii. The general mix of dwelling unit types and/or land uses.

iii. Approximate residential densities and nonresidential intensities as described by dwelling units per acre, landscaping surface area ratio, and/or other appropriate measures of density and intensity.

iv. General treatment of natural features.

v. General relationship to nearby properties and public streets.

vi. General relationship of the project to the Comprehensive Plan.

vii. Proposed exemptions from the requirements of this Chapter.

h. A Transportation Demand Management (TDM) Plan meeting Wisconsin Department of Transportation requirements for content and format may be required by the City if deemed necessary by the City Engineer.

2. The Zoning Administrator, or by majority vote of the Plan Commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above.

3. The process for review and approval of the GDP shall be identical to that for Zoning Map Amendments per Section 18-160.

4. All portions of an approved GDP not initiated through granting of a building permit within 10 years of final Common Council approval shall expire and no additional Planned Development-based activity shall be permitted. The Common Council may allow multiple extensions via a majority vote following a public hearing. Completed portions of the GDP shall retain the GDP status.

5. Within 12 months of GDP approval the applicant shall submit a Specific Implementation Plan.

(d) Specific Implementation Plan. Upon completion of the GDP review process, described above, the applicant shall submit a Specific Implementation Plan (SIP) to the Zoning Administrator for determination of completeness. Upon determination of completeness by the Zoning Administrator, the SIP may be placed on the Plan Commission agenda for SIP review.

1. The SIP submittal shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (digital files should be submitted rather than paper copies whenever possible).

a. An existing conditions map of the subject site depicting the following:

i. All lands for which the Planned Development is proposed and all other lands within 100 feet of the boundaries of the subject site.

ii. Names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds.

iii. Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control.

iv. Existing utilities and recorded easements.

v. All lot dimensions of the subject site.

vi. A graphic scale and a north arrow.

b. An SIP map of the proposed site showing at least the following:

i. Lot layout and the arrangements of buildings.

ii. Public and private roads, driveways, walkways, and parking facilities.

iii. Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common open space.

c. Proposed grading plan.

d. Specific landscaping plan for the subject site, specifying the location, species, and installation size of all plantings. The landscaping plans shall include a table summarizing all proposed species.

e. Architectural plans for any nonresidential buildings, multifamily structures, or building clusters, other than conventional single-family homes or individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.

f. Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, and walkways.

g. Signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles), and group development signage themes that are proposed to vary from City standards or common practices.

h. Specific written description of the proposed SIP including:

i. Specific project themes and images.

ii. Specific mix of dwelling unit types and/or land uses.

iii. Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity.

iv. Specific treatment of natural features, including parkland.

v. Specific relationship to nearby properties and public streets.

vi. Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by the Plan Commission.

vii. A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant's opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project.

viii. A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exemptions would occur. The applicant may also provide a list of zoning standards that would be more than met by the proposed PD and the location(s) of such occurrences.

ix. Phasing schedule, if more than one development phase is intended.

i. Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.

j. A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP.

k. The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.

2. The Zoning Administrator, or by majority vote of the Plan Commission may waive submittal information listed above, and/or may likewise require additional information beyond that listed above.

3. The process for review and approval of the SIP shall be identical to that for site plans per Section 18-164.

4. All portions of an approved SIP not fully developed within 10 years of final Common Council approval shall expire, and no additional Planned Development-based activity shall be permitted. The Common Council may allow multiple extensions via a majority vote following a public hearing. Completed portions of the SIP shall retain the SIP status.

(e) Criteria for Approval: In its review and action an application for a Planned Development district, the Plan Commission and, subsequently, the Common Council shall make findings with respect to the following criteria:

1. The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter.

2. The proposed Planned Development project is consistent with the City's Comprehensive Plan (it is the responsibility of the City to determine such consistency).

3. The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site.

4. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads.

5. The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of difference land uses and development densities/intensities.

6. The proposed Planned Development project design does not detract from areas of natural beauty surrounding the site.

7. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development.

8. The proposed Planned Development project will positively contribute to the physical appearance and functional arrangement of development in the area.

9. The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exemption or variation of any normal standard of this Chapter.

10. For Planned Development projects that are proposed to be developed in phases, the applicant can provide a clear timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed.

(f) Changes or Alterations. Any change of the PD plans subsequent to approval of the PD-SIP shall be submitted to the Zoning Administrator. If the Zoning Administrator determines that the change constitutes a substantial modification, the developer will be required to amend the PD-SIP, and if necessary, the PD-GDP, following the procedures set forth in this section for review and approvals. If, in the opinion of the Zoning Administrator, such changes do not constitute a substantial alteration of either the GDP or SIP, the change may be accomplished by approval of the Zoning Administrator. Such approved changes or modifications shall be documented and recorded in the official file of the City on the PD.