Planned Unit Development

 

Planned Unit Development District regulations are intended to permit greater flexibility and, consequently, more creative and imaginative design for the development of a site than is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of land which will provide, over a period of time, development of land that promotes the maximum benefit from coordinated site planning, diversified location of structures and mixed compatible uses, while also providing a harmonious variety of housing choices, a higher level of amenities, adequate buffering between adjacent uses, and preservation of the natural qualities of open spaces. The Planned Unit Development procedure requires a high degree of cooperation between the developer and the City. The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the City with assurances that the project will retain the character envisioned at the time of approval. Planned Unit Developments are approved in two to four stages, depending on the complexity of the project, following the steps outlined below. 

 

 

The Applicant shall contact the Community Planning & Development Director to place an informal discussion item for a Planned Unit Development (PUD) on the Plan Commission agenda. At the Plan Commission meeting, the Applicant shall engage in an informal discussion with the Plan Commission regarding the potential PUD. Appropriate topics for discussion may include the location of the PUD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and non-residential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the Comprehensive Plan. Points of discussion and conclusions reached in this stage of the process shall be in no way binding upon the Applicant or the City, but should be considered as the informal, non-binding basis for proceeding to the next step.

 

 

The Applicant shall provide the Community Planning & Development Director with a draft PUD Concept Plan for a determination of completeness prior to placing the proposed PUD on the Plan Commission agenda for Concept Plan review. This submittal shall contain all of the required items, prior to its acceptance by the Community Planning & Development Director and placement of the item on a Plan Commission agenda for Concept Plan review.

 

Within ten (10) working days of receiving the draft PUD Concept Plan, the Community Planning & Development Director shall determine whether the submittal is complete. Once the Community Planning & Development Director has received a complete submittal, the proposed PUD Concept Plan shall be placed on the next available Plan Commission agenda.
The City shall give written notice to all property owners within 500 feet of the subject property prior to the Plan Commission meeting.

 

At the Plan Commission meeting, the Applicant shall engage in an informal discussion with the Plan Commission regarding the conceptual PUD.  Appropriate topics for discussion may include the information provided in the Concept Plan submittal, or other items as determined by the Plan Commission.

 

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.  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 petition for rezoning which accompanies the General Development Plan application.

 

 

The Applicant shall provide the Community Planning & Development Director with a draft GDP packet for a determination of completeness prior to placing the proposed GDP on the Plan Commission agenda for GDP review. The submittal packet shall contain all of the required items prior to its acceptance by the Community Planning & Development Director and placement of the item on a Plan Commission agenda for GDP review.

 

The Plan Commission shall hold a public hearing concerning the proposed PUD-GDP designation after publication of a Class II legal notice in accordance with Chapter 985 of the Wisconsin Statutes, listing the time and place, and brief description of the PUD.  Following the public hearing, the Plan Commission shall vote to recommend to the Common Council that the PUD be approved as presented, modified, or denied.

 

The Common Council shall hold a public hearing concerning the proposed PUD-GDP designation after publication of a Class II legal notice in accordance with Chapter 985 of the Wisconsin Statutes, listing the time and place, and brief description of the PUD.  Following such hearing and after careful consideration of the Plan Commission’s recommendations, the Common Council shall vote on the approval of the proposed PUD.  After approval, the PUD boundaries shall be shown on the Zoning Map.

 

 

After the effective date of the rezoning to PUD/GDP, the Applicant shall file an application for a Specific Implementation Plan (SIP) with the Plan Commission. This submittal shall contain all of the required items, prior to its acceptance by the Community Planning & Development Director and placement of the item on a Plan Commission agenda for SIP review.

 

The Plan Commission shall review and consider the SIP and forward its recommendation to the Council.  The Common Council shall vote to approve as presented, approve with conditions or deny the PUD-SIP.

 

 

An applicant may request approval to combine the Pre-Application Conference and Concept Plan steps together.  The Community Planning & Development Director shall determine if that request is appropriate based on the complexity and nature of the proposed development.  If approved, all of the required application materials and the public notice requirements for both of the combined steps shall be provided.  An applicant may also request approval from the Plan Commission to combine the GDP and SIP steps together.  If this request is approved by the Plan Commission, all of the required application materials, and all of the public notice requirements for both of the combined steps shall be provided.

 

 

The developer shall enter into a development agreement with the City to comply with all applicable laws and regulations, including any conditions and restrictions adopted to regulate a specific Planned Unit Development, and to assure the construction of all facilities and infrastructure associated with the project.

 

No building permit shall be issued until all applicable fees and assessments have been paid and either all public construction has been completed and approved, or a development agreement has been approved and executed and financial security has been provided. For staged development, such development agreements may provide for the construction of improvements and the use of common areas outside of the subject stage.

 

The Common Council may revoke an approved PUD, if the project has not commenced within two (2) years. In the event the PUD is revoked, the zoning of the property shall revert to the zoning district in place prior to approval of the PUD.

 

The Common Council may revoke portions of an approved PUD-SIP that are not fully developed within ten (10) years of final Common Council approval.  If the PUD is revoked, the Common Council may rezone the property to a different zoning district, or may consider an application for a new PUD-GDP.

 

Pursuant to Wisconsin Statutes Section 349.03, approval of the PUD shall constitute an agreement permitting the City to enforce traffic regulations under Chapter 346 Wisconsin Statutes or local ordinances in conformity with such regulations on any private streets and driveways located within the PUD.  The City shall also have the right to access the PUD for the purposes of snow removal, weed cutting and trash disposal.  If the City performs such services, the City shall have the right to impose a special charge against the property for the costs of these services, pursuant to Wisconsin Statutes Section 66.0627.