(a) (1) The PD Planned Development District, pursuant to Wis. Stats. § 62.23(7)(b), provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of the zoning ordinance and with the Village Comprehensive Plan. The Planned Development District has no set standards and specifications. Developers can propose uses or combination of uses, and configurations of intensity and density of development. Standards are negotiated by the developer and the village; such negotiated standards have the same legal force and effect as do standard zoning requirements.
(2) The objective of the Planned Development District is not simply to allow exceptions to otherwise applicable regulations. It is instead to encourage a higher level of design and amenity than is possible to achieve under other zoning districts. An example application of use of the PDD is for a conservation design subdivision, where due to the topographic and natural features, the standards are relaxed, as negotiated by the village and the developer.
(b) General requirements.
(1) Use regulations. The uses allowable in this district are the uses approved as part of the general or detailed plan for particular sites that are placed in the Planned Development District.
(2) Density and dimensional requirements. This section sets no prescribed density or dimensional regulations in the Planned Development District.
(3) Off-street parking and loading. There shall be no prescribed requirements for off-street parking and loading in the Planned Development District. However, in the review and approval of any general or detailed plan in a Planned Development District, due consideration shall be given to the requirements established in Article F for uses similar to those proposed in such plan.
(4) Standards. The following standards shall apply in the review of all general or detailed plans proposed for the Planned Development District.
a. The uses proposed in the planned development shall be in general conformance with the Village Comprehensive Plan.
b. The planned development shall incorporate environmental design considerations, including the preservation of topography, trees and ground cover, streams and natural bodies of waters, and other significant natural features and control of erosion and runoff in accord with the village’s erosion control standards as identified in Title 14, Subdivision Regulations.
c. The planned development shall provide for convenient and harmonious groups of buildings, structures, and uses; and buildings shall be spaced and sited to ensure adequate safety, light, ventilation, and privacy.
d. In a planned development for residential use, adequate open space and recreational areas shall be provided in appropriate locations, and all public and common open spaces shall be designed and located to provide safe and convenient access to residents.
e. The width of street rights-of-way, width of paving, width, and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage, or other similar environmental engineering considerations shall be based on a determination of the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village.
f. The application for a Planned Development District shall provide evidence satisfactory to the Village Board of its economic feasibility of available adequate financing, and that it would not adversely affect the economic prosperity of the village of the values of surrounding properties.
g. The application for a Planned Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Village Board, including suitable provisions for assurance that each phase could be brought to completion in a manner that would not result in an adverse effect upon the community as a result of termination at that point.
(5) Minimum area. A Planned Development District shall not be less than three acres of contiguous land under the same ownership. This requirement shall not be interpreted to prohibit the post-development sale or all or part of an approved PD subject to the provision of this section, and all applicable statutes and subdivision regulations.
(6) Subdivision review. The applicable subdivision review under Title 14, Subdivision Regulations, shall be carried out as an integral part of the review of a Planned Development District. The plan required must be submitted in a form that substantially satisfies requirements of the subdivision regulations for the preliminary and final plat approvals. Subdivision application may be submitted for the whole, a part, or parts of the overall planned development as indicated by phases in the detailed plan for staged development.
(b) Procedure for establishment of a Planned Development District. The provisions set forth in Article J shall apply for the establishment of any Planned Development District, provided the amendatory ordinance shall be considered only in conjunction with a general or detailed plan.
(c) Pre-application procedures. Applicants are encouraged to seek preapplication, conceptual review of proposed plans by the Plan Commission. The Plan Commission is under no obligation to give a response to such submittals at the same meeting as they are presented. The Plan Commission is entitled to seek outside assistance and sources of critique. No responses by the Plan Commission or by individual Plan Commissioners shall bind the Plan Commission or the village unless the response is on behalf of the Plan Commission, is in writing and is expressed as a binding response.
(d) Approval of general or detailed plan and adoption of zoning ordinance amendment. In the event that the Village Board approves a general (or detailed) plan and adopted a zoning amendment creating a Planned Development District in connection with such general (or detailed) plan, the requirements of the plan shall constitute the zoning regulations of the district, and the zoning district maps shall be amended to show all lands included in such general (or detailed) plan as within the Planned Development District. In the approval of any general (or detailed) plan, the Village Board may stipulate any conditions or restrictions in the establishment, maintenance, or operation of any uses proposed in such plan, and may also require any guarantees, including the filing of a contract together with a surety, satisfactory in form to the Village Attorney and satisfactory to the Village Engineer, with the village to ensure that improvements will be installed and completed as proposed in the plan.
(e) Recording of approval general or detailed plans and zoning ordinance amendments. Whenever the Village Board designates land as being within a Planned Development District, the Village Clerk shall record, in the office of the Register of Deeds of the county in which the lands belong, a facsimile copy of the approved general (or detailed) plan, together with a certified copy of the related zoning ordinance amendment and any other action taken thereon by the Village Board. The cost of preparing a facsimile copy of the general (or detailed) plan in recordable form and the recording fee shall be paid by the owners of the lands included in the general (or detailed) plan.
(f) Changes or modifications to general or detailed plans and zoning ordinance amendments. Any approved general or detailed plan, together with the related zoning ordinance amendment, may be amended in whole or in part pursuant to the same procedure and subject to the same limitations by which general or detailed plans, were approved and the zoning ordinance amended. However, minor modifications may be made by any general or detailed plan upon approval of the Village Plan Commission provided that such modifications shall be in general conformity with the approved general or detailed plan, and shall not substantially change the concept of such approved plan. All approved minor modifications shall become a part of the approved general or detailed plan, and shall be recorded as provided in subsection (e) above. The Plan Commission shall decide whether a proposed amendment is minor or major, with appeals made to the Village Board.
(g) Construction of building and establishment of uses. No zoning or building permit shall be issued for any lot within the Planned Development District until the detailed plan and the related zoning ordinance amendment have been recorded as required above. Within one year of the date of recording of any detailed plan and the zoning ordinance, construction thereon must begin; and construction must be substantially completed throughout the project within three years of such date of recording, unless extensions are granted by the Village Board. If initial construction has not begun within one year of the date of recording or within the prescribed time period granted as an extension by the Village Board, the approval of the detailed plan and the related zoning ordinance amendment shall become null and void, and the zoning shall revert to the classification that applied prior to the approval of the PDD zoning. No occupancy of dwelling units shall occur until all public works that have been scheduled to be completed before occupancy are completed to the satisfaction of the village.
(h) Procedure for establishment of the “Planned Development District - General Plan” for staged development.
(1) Submittal of general plan. The general plan shall contain any information and representations deemed necessary by the Plan Commission, and shall consist of a statement entitled “Planned Development District - General Plan, Statement of Owner’s Intent and Description of Development” which shall include, without limitation, the following.
a. A legal description describing all of the tract of land included in the proposed development.
b. A statement indicating the nature of the applicant’s interest in the land included in the proposed development.
c. A statement describing the proposed development, including the character, method, and operation of the development and a development schedule or timetable for construction.
d. A statement as to the following data or graphic information referenced to a map or plan of the proposed development.
1. The location and size of the site, including dimensioned exterior boundaries, topography, and other salient features, and existing buildings and structures, and also adjacent properties and streets, including all public utilities and public easements.
2. The use and approximate location and bulk of buildings and structures, including number of stories and dimensions of buildings.
3. The approximate location of vehicular and pedestrian facilities, such as streets, sidewalks, and off-street parking areas, including approximate number of parking spaces.
4. The approximate location of areas for public or common open spaces and for other public or semi-public uses.
5. A tabulation of land areas for the different types of uses in relation to the total area.
6. A tabulation of the gross floor areas of buildings by types of uses.
7. A tabulation of the number of types of dwelling units, if applicable.
(2) Review of general plan. The Plan Commission shall review the general plan and determine whether it complies with the standards set forth in subsection (a)(4) above. Following review of the general plan, the Plan Commission shall forward the petition to the Village Board, together with a recommendation that the general plan be either approved as submitted or approved with modifications, or disapproved.
(3) Approval of general plan.
a. In the event that the Village Board approves the general plan and adopts the related zoning ordinance amendment, the zoning district maps shall be amended to include all of the lands within the general plan as within the Planned Development District (general plan approved). However, no building construction shall be permitted in any portion of the approved general plan until a detailed plan, prepared in accordance with the requirements hereunder, has been approved by the village as provided below.
b. In the event the Village Board fails to approve the general plan and ordinance, the Village Board shall communicate its objections back to the Plan Commission for reconsideration and further discussions.
(i) Procedure for establishment of the “Planned Development District - Detailed Plan” for staged development.
(1) Submittal of plan. Within one year after the recording of the general plan and the copy of the related zoning ordinance amendment, a detailed plan for at least one stage of the general plan shall be filed with the Village Clerk, unless an extension is granted by the Village Board. The detailed plan shall contain any information and representation deemed necessary by the Plan Commission, and shall consist of a statement entitled, “Planned Development District - Detailed Plan, Statement of Owner’s Intent and Description of Development,” which shall include, without limitations, the following.
a. A legal description describing all of the tract of land included in the proposed development, referenced to a locational map indicating the relationship of the tract to the total general plan.
b. A statement indicating the nature of the applicant’s interest in the land included in the proposed development.
c. A statement describing the proposed development, including the character, method and operation of the development, and a development schedule or timetable for construction. Where the formation of organizations, such as a homeowners’ association, is proposed, such a statement shall include any agreements, bylaws, or covenants which govern the organizational structure, use, maintenance, and protection of the development, and any of its common services, common open spaces, or other common facilities.
d. A statement as to the following date or graphic information referenced to a map of the proposed development.
1. The location and size of the site, including dimensioned exterior boundaries, topography, and other salient features, and existing buildings and structures, and also adjacent properties and streets.
2. The use and location of all buildings or structures, including the architectural character and design of each building, the number of stories and dimensions of each building, and the dimensioned yards between buildings or structure and lot lines.
3. The location of vehicular and pedestrian facilities, including dimensioned streets, walkways, access driveways, off-street parking spaces, and loading berths, and refuse receptacle areas.
4. The location and size of areas for public or common open spaces, and for other public and semi-public uses.
5. A grading plan, including any storm sewer system, a landscaping plan, and an erosion control plan.
6. A sanitary sewer and water distribution system plan.
7. A tabulation of land areas for the different uses in relation to the total tract area.
8. A tabulation of the number of buildings and the use and the total gross floor area for each building.
9. A tabulation indicating the number and types of dwelling units, if any, in each building.
(2) Review of the detailed plan.
a. The Plan Commission shall review the detailed plan as a conditional use review, and shall determine whether the plan complies with the standards set forth in subsection (a)(4) above and is in general conformance with the approved general plan. Following Plan Commission approval of a detailed plan, the Village Clerk shall record in the office of the Register of Deeds of the county in which the lands belong a facsimile copy of the approved detailed plan and a certified copy of the Plan Commission action approving the same. The costs for copies and recordings shall be paid by the owners of the land within the plan areas.
b. The action of the Plan Commission on the proposed detailed plan shall be appealable to the Village Board. The Village Board shall consult with the Plan Commission before making its appeal decision, but in no case shall a detailed plan be approved that is out of conformity with the corresponding approved general plan.
(3) Approval of detailed plan. Once the detailed plan is approved, the zoning district maps shall be amended to include all of the lands within the detailed plan as Planned Development District detailed plan approved.
(j) “Planned Development District - Single-Stage” procedure. Upon request by the applicant and subject to Village Board concurrence, the general and detailed stages of plan review and approval can be combined. Under this option, the plan is submitted in detailed form and is processed as is a general plan.
(Ord. passed 1-18-2021)