(A) Purpose and intent. The planned development detailed development plan shall provide the Plan Commission with the opportunity to review the details of the site plan and determine compliance with the Planned Development District ordinance. If the planned development involves the subdivision of land, this step also serves as the primary plat.
(B) Project applicability. Proposals for new planned developments shall meet the standards of this section.
(C) Prerequisites; Planned Development District ordinance and establishment plan. The Planned Development District ordinance and establishment plan shall be approved by the Common Council prior to submitting a planned development detailed development plan. If approval included commitments and/or conditions, those commitments and/or conditions shall be recorded in the office of the County Recorder.
(D) Filing requirements.
(1) Application. Application for a planned development should be on file with the Zoning Administrator from the Planned Development District ordinance and the establishment plan.
(2) Supporting information. The following information shall be submitted for the planned development detailed development plan review process.
(a) A list of names and mailing addresses of all known adjacent property owners. The measurement shall include any adjacent property regardless if a road, river, railroad or other physical barrier exists. This information may be obtained from the County Auditor’s office.
(b) A site plan, drawn to scale, that includes the following items:
1. North arrow;
2. Graphic scale;
3. Address of the site;
4. Proposed name of the development;
5. Area map insert showing the general location of the site referenced to major streets;
6. Boundary lines of the site including all dimensions of the site;
7. Names, centerlines and right-of-way widths of all streets, alleys and easements;
8. Layout, number, dimension and area of all lots;
9. Location and dimensions of all existing and proposed structures, including paved areas, entryway features and signs;
10. Location of all floodway, floodway fringe areas and wetlands within the boundaries of the site;
11. Use of each structure by labeling including approximate density or size of all proposed uses and structures on the site (e.g., parking - number of parking spaces provided; office-floor area);
12. Distance of all structures from front, rear and side lot lines;
13. Areas reserved for park, recreation, conservation, wetland, common area, lake, trails or other similar uses;
14. Proposed landscaping buffers or landscaped areas; and
15. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.
(c) Representative building elevations for facades of residential and non-residential primary structures shall be drawn to scale and include the following items:
1. Proposed name of the development;
2. Graphic scale;
3. Specification of the type and color of building materials to be used for wall, window, roof and other architectural features;
4. Placement, size, color and illumination details for any proposed wall sign; and
5. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.
(d) A site access and circulation plan shall be required, but may be incorporated into the required site plan or may be submitted as a separate plan. It shall be drawn to scale:
1. North arrow;
2. Graphic scale;
3. Address of site;
4. Proposed name of the development;
5. Names, centerlines and right- of-way widths of all existing and proposed streets, alleys and easements within 100 feet of the site;
6. Location of any proposed or existing driveways onto a street or alley and its width at the lot line;
7. All improvements to the street system on-site and off-site;
8. Measurement of curb radius and/or flares;
9. Location of proposed and existing sidewalk or sidepath; and
10. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.
(e) A utility plan shall be drawn to scale and shall include the following items:
1. Location of all existing and proposed utility easements;
2. Location and size of all existing and proposed utility components including, but not limited to, sanitary sewer components, water components, storm water components, electric, gas, telephone and cable;
3. Location and illumination capacity of all lights;
4. Names of legal ditches and streams in or adjacent to the site;
5. Contours sufficient to illustrate storm water runoff;
6. Storm water drainage plan including estimated runoff; and
7. Any other information necessary to support a thorough review of the project and as requested in writing by the Plan Commission or the Zoning Administrator.
(f) Traffic impact study:
1. A traffic impact study shall be required when a proposed development meets or exceeds the warrants of the State Department of Transportation Traffic Impact Study Guidelines (150 or more dwelling units; 15,000 square feet or more of retail space; 35,000 or more square feet of office space; 70,000 square feet or more square feet of industrial space; 30,000 square feet or more of educational space; 120 or more occupied rooms; 46,000 or more square feet of medical space; or any mixed-use development which generates 100 or more peak hour trips in the peak direction); and
2. A registered professional engineer shall prepare and certify the traffic impact study. The traffic impact study shall evaluate the impact of present and future traffic generated by the proposed development on the adjacent roadway system. Prior to commencement, the applicant shall meet with the Zoning Administrator and City Engineer to determine an appropriate scope for the traffic impact study.
(g) Statement of development build- out: the applicant shall indicate, either on the required site plan or in writing, a statement of:
1. The order of development of the major infrastructure elements of the project;
2. Project phase boundaries, if any;
3. The order and content of each phase; and
4. An estimate of the timeframe for build-out of the project.
(h) Landscape plan: the applicant shall indicate, either on the required site plan or on a separate landscape plan, existing and proposed green space and landscaping on the site showing how the proposed landscaping meets or exceeds the standards detailed in the § 165.399 (Perimeter Landscaping Standards) and landscape standards in §§ 165.260 through 165.294, 165.305 through 165.312, 165.325 through 165.332 and 165.345 through 165.353.
(i) APO District requirements. If the proposed development is in the APO District, the applicant shall submit the following:
1. A narrative description of the site including any existing uses, setbacks, available sewage disposal facilities and a brief history of the site (including any former uses, historical environmental concerns, abandoned wells, underground storage tanks or septic systems);
2. Description of the proposed operations, including chemical/products used or generated, chemical/product storage area descriptions, waste generation quantities, equipment cleaning/ maintenance procedures;
3. Methods and locations of receiving, handling, storing and shipping chemicals/products and wastes;
4. Spill or release response measures and reporting;
5. Description of slopes near containment vessels and waste storage areas; and
6. The following information shall also be included on the required site plan or an additional plan: all paved and non-paved areas; floor drain locations and outlets; chemical/product storage locations; waste storage locations; liquid transfer areas; underground storage tanks and associated piping; above ground storage tanks and associated piping; slope and contours of finished grade at two-foot intervals; and proposed containment area detail drawings, including area, heights, materials, specifications, if applicable.
(3) Deadline. Thirteen hard copies of the application for a planned development; 13 hard copies of all supporting information; one digital copy of the application for a planned development and all supporting information in .pdf (portable document format); and one digital copy of any drawings in .dwg file format shall be submitted 28 days prior to the public meeting at which it is first to be heard by the Plan Commission.
(4) Fees. Applicable fees shall be paid at the time when the planned development detailed development plan is filed.
(E) Formal procedure.
(1) Assignment. A planned development detailed development plan, which is determined to be complete and in proper form by the Zoning Administrator, shall be assigned a case number and placed on the first Plan Commission agenda that occurs 28 days after the planned development detailed development plan was submitted in its entirety. The Zoning Administrator shall notify the applicant in writing of the meeting date.
(2) Internal review. Upon assignment of a case number and hearing date, the Technical Review Committee and/or the Building Department, Engineering Department, Fire Department, Police Department, Department of Public Works, County Surveyor’s office, Utility Departments and other applicable agencies will be notified of the proposed planned development detailed development plan and asked to review and comment. The Zoning Administrator may request a formal meeting of the Technical Review Committee and request the applicant’s presence at that meeting. Following a thorough review, the Zoning Administrator may submit a written report to the Plan Commission stating any facts concerning the physical characteristics of the area involved in the planned development detailed development plan, the surrounding land use, public facilities available to service the area or other pertinent facts. The written report may also contain opinions of the Zoning Administrator concerning the planned development detailed development plan and information from the Technical Review Committee and/or other agencies that have reviewed the planned development detailed development plan. A copy of such report shall be made available to the applicant and all remonstrators.
(3) Public notice. The following public notice standards apply to a planned development detailed development plan. All costs associated with providing public notice shall be borne by the applicant.
(a) The Zoning Administrator shall notify all interested parties of the public hearing by regular U.S. mail a minimum of ten days before the public hearing.
(b) The Zoning Administrator shall publish legal notice in a newspaper of general circulation a minimum of ten days before the public hearing.
(c) The Zoning Administrator shall be responsible for providing proof of published notice to the Plan Commission and including proof in the case file.
(4) Attendance. The applicant shall be present at the Plan Commission meeting to explain the proposed planned development and address and discuss comments and concerns posed by the Plan Commission. Failure to appear may result in the dismissal of the application for a planned development.
(5) Public hearing. A public hearing shall be held in accordance with the Plan Commission rules of procedure.
(6) Review. At their regularly scheduled public meeting, the Plan Commission shall review:
(a) The original application for a planned development;
(b) Approved Planned Development District ordinance;
(c) Approved establishment plan;
(d) All supporting information including the site plan, site access and circulation plan, elevations, utility plan, statement of development build-out, landscape plan and, if applicable, traffic impact study and APO District requirements;
(e) The testimony of the applicant;
(f) Information presented in writing or verbally by the Zoning Administrator, the Technical Review Committee or other applicable department or agency.
(g) Input from the public during the public hearing;
(h) Any applicable requirements of the city’s construction standards;
(j) Any applicable provisions of this chapter;
(k) The Zoning Administrator’s report or any other documents provided by other departments or agencies; and
(l) Any other additional information as may be required by the Plan Commission to evaluate the application.
(7) Decision. The Plan Commission shall make findings of fact and take final action or continue the planned development detailed development plan to a defined future meeting date.
(a) Findings of fact. The Plan Commission shall make the following findings of fact. Approval of findings may be in the form of a general statement. Disapproval of findings shall specify the portion of the Planned Development District ordinance, the unified development ordinance or city’s construction standards with which there is not compliance.
1. The planned development detailed development plan is consistent with the city’s Comprehensive Plan;
3. The planned development detailed development plan satisfies the development standards of the approved Planned Development District ordinance; and
4. The planned development detailed development plan satisfies the construction requirements of the city’s construction standards.
(b) Final action. Based on the findings of fact, the Plan Commission shall approve, approve with conditions or deny the planned development detailed development plan. If conditions are required, the conditions shall be recorded in the office of the County Recorder within 30 days of the Plan Commission’s approval of the planned development detailed development plan. The applicant shall deliver a copy of the recorded conditions to the Zoning Administrator before filing a planned development final development plan.
(c) Signed. The findings and final decision shall be signed by the President of the Plan Commission.
(d) Copy. The Zoning Administrator shall provide the applicant a copy of the final decision.
(F) Duration. An approved planned development detailed development plan shall be valid for two years from the date the Plan Commission granted approval. The Zoning Administrator may grant one six-month extension. The applicant shall submit the request for extension in writing, and the Zoning Administrator shall make a written determination regarding the decision. Both the request and the determination shall be made part of the Planned Development record. If development of the project has not commenced by the end of the two-year period (or by the end of the six-month extension), the approval expires and an application for a planned development (district ordinance and establishment plan) shall be required.
(G) Modification.
(1) Minor amendments. A minor amendment to an approved planned development detailed development plan which does not involve an increase in height, area, bulk or intensity of land uses; the designation of additional land uses; a reduction in yards; the addition of driveways or access points; or a reduction in the amount of parking may be authorized by the Zoning Administrator without a public hearing, if the requested minor amendment does not adversely impact the purpose or intent of the overall development. Minor amendments authorized by the Zoning Administrator shall be reported, in writing, to the Plan Commission at the next regular meeting of the Plan Commission.
(2) Major amendments. If the Zoning Administrator determines that the proposed modification may adversely impact the purpose or intent of the overall development; or if the proposed modification includes an increase in intensity of any land use; or if the proposed modification includes the designation of an additional land use, the applicant shall be required to file a new planned development detailed development plan.
(Ord. 10-2010, passed - -2010, § 9.11)