(A) Purpose. The purpose of a planned unit development is to provide procedures and standards intended to allow flexibility in development in order to further the public interest by encouraging:
(1) Variety in type, design and placement of structures, open spaces and amenities;
(2) Conservation of resources and more efficient use of land;
(3) Sensitivity to unique and valuable natural, cultural and scenic characteristics;
(4) Efficiency of infrastructure with the consolidation of areas for recreation and reductions in street lengths and other utility-related expenses;
(5) Transfers of density with clustering based on number of units per acre instead of specific lot dimensions;
(6) Integration of compatible mixed land uses including single and multi-family residential, low intensity commercial and institutional uses;
(7) Creation of cohesive high amenity neighborhoods or districts in order to establish or preserve local identity or to allow infill within areas of the city which are characterized by existing development; and
(8) The implementation of the goals identified in the adopted City Comprehensive Plan.
(B) Scope.
(1) PUDs will be considered within any of the underlying zoning districts where indicated as permitted or conditional.
(2) The PUD Overlay Zone shall only be considered when the proposed project property meets the following minimum size standards:
GC | No minimum |
HC and I | 10 acres |
R-1, R-2 Districts | 5 acres |
(C) Allowed uses. Uses allowed in PUD Overlay Districts are specified in the underlying district permitted or conditional uses. If a conditional use is proposed within a PUD, no additional conditional use permit is required to be obtained, but additional conditions may be placed on the PUD. Specific uses and performance standards for each PUD shall be delineated in the pre-application meeting, concept, preliminary and final PUD and development agreement and those uses shall become permitted uses with the acceptance of the PUD and agreement. Any change of uses proposed after the preliminary PUD acceptance will be considered an amendment to the PUD and will require an additional preliminary PUD approval.
(D) Procedure for processing a planned unit development application. There are four stages to the PUD process: pre-application meeting; concept plan; preliminary PUD plan; and final PUD plan, as described below.
(1) Pre-application meeting. Before filing an application for a concept PUD, the developer shall arrange for and attend a pre-application meeting with the Planning Administrator or designee, City Engineer and other appropriate regulatory agencies to review applicable ordinances, regulations and plans in the area to be developed. At this time, the developer shall submit a concept plan of the proposed development showing the proposed density, lots, building layouts, uses, roadway and pedestrian layout, public and common open space and, if available, the proposed connections to community facilities, surrounding neighborhood information, existing natural resources and topography of the site. The concept plan will be reviewed by city staff to provide an advisory review for conformity to the provision of Ch. 151 of this code of ordinances and this chapter without incurring major costs prior to the submission of a preliminary plan and/or plat.
(2) Concept plan. Following the pre-application meeting, the applicant will submit the concept plan to the Planning Administrator or designee to be placed on the next available Planning Commission meeting. The Commission will review the concept plan and make recommendations to the applicant.
(3) Preliminary PUD plan. Following the concept plan review by the Planning Commission, the applicant may submit an application for a preliminary PUD and plat approval concurrently (if applicable), with all supporting data and documentation as referenced in the application.
(a) The PUD application shall be filed with the Planning Administrator or designee on forms provided with any necessary exhibits, narrative and documents attached and in the quantity specified. A PUD application with all the required documentation for a complete submittal will be provided at or before the pre-application meeting to the owner and/or developer.
(b) The city may excuse an applicant from submitting any specific item of information or document required if they find it to be unnecessary.
(c) The city may require the submission of any additional information or documentation which they determine is necessary for the propose PUD plan.
(4) PUD plan and preliminary plat consideration.
(a) After verification by the city’s Planning Administrator or designee that the preliminary PUD plan and plat, and rezone, if applicable, and supporting data is complete, the Planning Commission shall hold a public hearing.
(b) After the public hearing, the Planning Commission shall report its findings and make recommendations to the City Council. Notice of the hearing shall consist of a legal property description, description of the proposed project and rezone if applicable and be published in the official newspaper at least ten days prior to the healing. Written notification of the hearing shall also be mailed at least ten days prior to owners of land within 350 feet of the boundaries of the property proposed for development.
(c) The city may request additional information from the applicant concerning any matters it deems appropriate or retain expert testimony at the expense of the applicant concerning such other matters.
(d) The City Council shall consider the requested PUD after the receipt of the report and recommendations from the Planning Commission within the time allotted by state statute. If the Planning Commission fails to make a report within 60 days after receipt of the application, then the City Council may proceed without the report. The City Council may approve the preliminary PUD plan and preliminary plat, and rezone, if applicable, and attach such conditions, as it deems reasonable or deny the application.
(e) City Council may return the PUD to the Planning Commission for further review.
(5) Final PUD plan. Following approval of the preliminary plan and/or plan, the applicant may submit an application for final PUD and plat approval concurrently (if applicable), with all supporting data and documentation as referenced in the application.
(a) The PUD application shall be filed in writing with the Planning Administrator or designee on forms provided with any necessary exhibits, narrative and documents attached and in the quantity specified. A final PUD application with all the required documentation for a complete submittal will be provided to the owner and/or developer.
(b) Following the preliminary PUD approval, the applicant shall within six months, submit the final PUD Plan for City Council approval. If the platting is occurring simultaneously, the applications can be reviewed at the same time
(c) The final PUD will be approved if City Council finds that it is compliant with the approval of the preliminary plan.
(d) Rezoning: approval of the final plan shall be considered a formal approval attaching the ‘floating’ PUD Overlay District to the parcel/s proposed for the PUD. The city shall follow public notice procedures in the same manner as a rezoning.
(E) PUD order certificate of compliance.
(1) Upon completion of all conditions and requirements of the PUD imposed by Planning Commission and City Council, and consistent with state and federal law and city code and with the other standards and requirements herein contained, an order authorizing development and use in accordance with the final approved PUD shall be issued by the Planning Administrator or designee. The PUD order shall incorporate the final PUD plan and shall specify in writing the final conditions of approval.
(2) All of the provisions of this chapter applicable to the zone district or overlay districts within which the PUD is located shall apply, except as otherwise provided in the PUD order.
(3) Upon approval by City Council, the applicant will record the final PUD plan, plat and district regulations, if applicable, with the County Recorder and provide a certified copy to the city.
(F) PUD performance standard guidelines.
(1) Height. The maximum height of buildings in PUDs shall not exceed 35 feet in height unless the City Council determines that a taller structure will not create an adverse impact on the surrounding area. Under no circumstances may a structure permitted as part of a PUD exceed 50 feet in height. In order to assist in this decision, the city will require the following from the project applicant:
(a) A detailed explanation as to the reason for the desired increase in height;
(b) A detailed explanation of how the increased height will not create an adverse visual impact; and
(c) Drawings or other visual renderings that show what the proposed development will look like may be requested by the city.
(2) Open space requirements.
(a) At least 50% of the total project area must be preserved as open space, with at least 25% as common open space.
(b) Road rights-of-way, land covered by road surfaces, parking areas and all structures are considered developed areas and shall not be included in the computation of minimum open space.
(c) Open space may include improved outdoor recreational facilities for use by owners, guests of the dwelling units, occupants of transient units or the public.
(d) PUDs in a Shoreland Zone must contain open space meeting all of the following criteria.
1. Dwelling units or sites, road rights-of-way or land covered by road surfaces, parking areas or structures, except water-oriented accessory structures or facilities, are developed areas and shall not be included in the computation of minimum open space.
2. Areas with physical characteristics unsuitable for development in their natural state and areas containing significant historic sites or unplatted cemeteries must be preserved in the open space.
3. Open space may contain water-oriented accessory structures or facilities if they meet or exceed design standards of shoreland standards in § 162.072 of this chapter and are centralized.
4. The shore impact zone, based on normal structure setbacks, must be preserved as open space. For residential PUDs, at least 50% of the shore impact zone area of existing developments or at least 70% of the area of new developments must be preserved in its natural or existing state. For commercial PUDs, at least 50% of the shore impact zone must be preserved in its natural state.
(3) Erosion control and storm water management plans.
(a) Plans must be designed, and the construction managed, to minimize the likelihood of serious erosion occurring either during or after construction. This must be accomplished by limiting the amount and length of time of bare ground exposure. Temporary ground covers, sediment entrapment facilities, vegetated buffer strips or other appropriate techniques must be used to minimize erosion impacts on surface water features or storm water systems. Erosion control plans approved by a soil and water conservation district may be required if project size and site physical characteristics warrant.
(b) PUDs must be designed and constructed to effectively manage reasonably expected quantities and qualities of storm water runoff.
(4) PUDs within shoreland.
(a) Impervious surface coverage within any tier must not exceed 25% of the tier area; except that, for commercial PUDs, 35% impervious surface coverage may be allowed in the first tier of general development lakes with an approved storm water management plan and consistency herewith.
(b) Dwelling units or sites must be clustered into one or more groups and located on suitable areas of the development. They must be designed and located to meet or exceed the dimensional standards for the relevant shoreland classification including: setback from the ordinary high water level, elevation above the surface water features and maximum height.
(c) Shore recreation facilities, including, but not limited to, swimming areas, docks and watercraft mooring areas and launching ramps, must be centralized and located in areas suitable for them. Evaluation of suitability must include consideration of land slope, water depth, vegetation, soils, depth to ground water and bedrock or other relevant factors. The number of spaces provided for continuous beaching, mooring or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers.
(d) Structures, parking areas and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color or other means, assuming summer, leaf on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.
(e) Accessory structures and facilities, except water-oriented accessory structures, must meet the required principal structure setback and must be centralized.
(f) PUDs must be connected to publicly-owned water supply and sewer systems.
(G) City costs. Any costs directly related to a PUD including, but not limited to, professional fees and expenses incurred by the city for consultants, including, but not limited to, planners, engineers, architects and attorneys, who the city determines in its sole judgment are necessary to assist the city in reviewing, implementing or enforcing the provisions of this chapter, shall be reimbursed to the city by the applicant from a deposit made by the applicant with the city. The amount of the deposit, or any addition thereto required by the city, shall be established by the City Council, which shall thereafter, from time to time, make an accounting thereof to the applicant. The city and the applicant may agree to share the costs of consultants based upon a specific written agreement.
(H) Revisions or changes.
(1) Changes to a final PUD (map or text) will follow the same process as a new PUD application. New conditions may be imposed based on criteria and conditions in place at the time of the application.
(2) Applications for a minor change shall be submitted to the Planning Administrator or designee and will be reviewed by staff and placed on the next available Planning Commission for their review. If determined that the requested change is “minor”, the changes can be approved administratively. The applicant will record all documents with the County Recorder and provide a copy to the city.
(3) If a plan or section is given final approval and, thereafter, the land owner shall abandon the plan that has been approved or if the land owners shall fail to commence the PUD within 18 months after final approval has been granted, the approval shall terminate unless a time period is extended by the Planning Commission upon written application from the land owner. The PUD Zoning District created shall revert back to the zoning classification that applied prior to approval of the PUD District.
(I) Phasing and guarantee of performance.
(1) The Planning Commission shall compare the actual development accomplished with a PUD order on a periodic basis.
(2) Upon recommendation of the Planning Commission and for good cause shown by the developer, the City Council may change the development schedule as required by the PUD order.
(3) The construction and provision of all of the common open space and public and recreational facilities which are shown on the final PUD plan must proceed at least at the same (but not slower than) rate as the construction of dwelling units, transient units or other useable buildings in the PUD, if any. The Planning Department shall review all of the building permits issued for the PUD and examine the construction that has taken place on the site. If the City Planner finds that the rate of construction of dwelling units, transient units or other useable buildings in the PUD is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he or she may forward this information to the City Council with a recommendation for action.
(4) A development agreement shall be entered into by the developer to ensure completion of the PUD in a timely manner and that provides for security for the performance of the developer’s obligation under the final PUD plan and PUD order including a performance bond or letter of credit.
(J) Control of planned unit development following completion.
(1) After a PUD order has been issued, the use of the land and the construction, modification or alteration of any buildings or structures within the PUD shall be governed by the PUD order, the development agreement and applicable building and fire codes. After a PUD order has been issued, no changes shall be made in the approved final PUD plan, except as provided in this chapter or as provided below.
(a) Any minor extensions, alterations or modifications of existing buildings or structures may be authorized by the Planning Commission if they are consistent with the purposes and intent of the final PUD plan and PUD order. No change authorized by this chapter may increase the square cubic volume of any building or structure by more than 10%.
(b) Any building or structure that is totally or substantially destroyed by fire or other casualty may be reconstructed only in compliance with final PUD plan unless an amendment to the final PUD plan and PUD order is approved under the provisions of this chapter.
(c) Changes in the use of the common open space may be authorized only by an amendment to the final PUD plan and PUD order under this chapter.
(d) Any other changes in the final PUD plan and PUD order must be authorized by an amendment pursuant to this chapter.
(2) Deed restrictions, covenants, permanent easements, public dedication and acceptance or other equally effective and permanent means must be provided to ensure long-term preservation and maintenance of open space. The instruments must include all of the following protections:
(a) Commercial uses not approved during the PUD process are prohibited in the designated open spaces;
(b) Vegetation and topographic alterations other than routine maintenance is prohibited;
(c) Construction of additional buildings or storage of vehicles and other materials prohibited; and
(d) Uncontrolled beaching of watercraft prohibited.
(Prior Code, § 305.06) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)