The intent of planned unit development (PUD)
is to promote the maximum benefit from coordinated area site planning
by providing opportunities to maximize the economical and efficient
use of land in ways that may not be possible under conventional zoning
regulations. It is intended that planned unit developments established
in the City provide a harmonious variety of uses and building types
and a high level of amenities, in a manner that is consistent with
plans for the area as set forth in the City's Comprehensive Smart
Growth Plan.[1] The procedure described herein is designed to give the
developer initial 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 initial approval.
A.
Preliminary concept review. This preliminary consultation with City staff and the Common Council is strongly encouraged prior to application for PUD rezoning. See § 455-34B.
B.
Initial PUD plan and rezoning. An initial PUD plan is required prior to rezoning to PUD status. This provides the City with an opportunity to review a well-developed initial plan for the entire site before granting zoning approval for any proposed PUD while at the same time providing the applicant with an opportunity to receive PUD zoning before developing detailed plans for the site. Multiphase projects are required to submit initial plans for the entire site at this time. Submittal requirements are detailed under § 455-33D.
C.
Detailed PUD plan approval. Detailed PUD plan approval is the final approval status for PUD projects. Approval of detailed PUD plans is required prior to construction. Multiphase projects holding PUD zoning may request detailed PUD plan approval for each project phase as it is ready to move ahead. Submittal requirements are set forth under § 455-33E.
A.
Submittal time line. A complete PUD submittal package
shall be delivered to the City Engineer for review a minimum of 30
days prior to the date at which the application is scheduled for any
consideration by the Council or other reviewers. Upon request, City
staff will provide a handout stating how many sets of collated plans,
11 inches by 17 inches in size, oversize sets of collated plans, and
copies of the written narrative are required. In addition to printed
materials, all plans and required documents shall also be submitted
in an electronic form in accordance with current City policy (CD ROM).
B.
Public inspection. All PUD plans and related information
will be available for public inspection prior to any rezoning hearing
on the proposed project.
C.
Application requirements for concept review.
(1)
The applicant is encouraged to provide as much information
as is available at this stage of the process, although the submittal
standards (below) are minimal. The preliminary consultation and Planning
Commission review are held to discuss the proposed request and review
applicable local regulations, policies and land use implications.
It is to the applicant's advantage to provide any information that
may assist in that discussion.
(2)
The following list constitutes the minimal submittal
requirements prior to PUD concept review:
(a)
A proposed PUD project plan. This written plan shall provide a description of the intended development concept and identify any concerns related to the ability of the project to meet standards established under § 455-35.
(b)
A vicinity map showing the boundaries of the
tract to be included in the PUD, the territory within 500 feet and
proposed vehicular and pedestrian access points.
(c)
A statistical sheet indicating the proposed
number and type of buildings.
(d)
A site plan showing the general location of
proposed structures, open spaces, parking and circulation routes.
(e)
Pictures of the site and surrounding context.
(f)
Other items as may be requested by City staff
for submittal prior to the Common Council concept review session.
D.
Application requirements for initial PUD plan. The
following items shall comprise a complete PUD submittal package for
consideration of the initial PUD plan and rezoning:
(1)
An initial PUD project plan. This written plan shall provide a description of the intended development concept and address how each of the standards outlined under § 455-35 is to be met. The statement shall also make reference to any maps, site plans or other exhibits included in the submittal.
(2)
A statistical sheet indicating the following in square
feet, acres and percentage of the total tract, where applicable:
(a)
Gross land area.
(b)
Maximum amount of land covered by principal
buildings and maximum amount of land covered by accessory buildings.
(c)
Maximum amount of land devoted to parking, drives
and parking structures.
(d)
Minimum amount of land devoted to landscaped
open space.
(e)
Maximum proposed dwelling unit density, if residential,
and/or total square footage devoted to nonresidential uses.
(f)
Proposed number of buildings.
(g)
Maximum number of dwelling units per building.
(h)
Bedrooms per unit.
(i)
Number of parking spaces provided, whether surface
or in structures, and ratio per unit if residential or 1,000 square
feet of building area if nonresidential.
(3)
A vicinity map showing the boundaries of the tract
included in the initial PUD, the territory within 500 feet of the
tract, its proposed access and significant community facilities in
the surrounding area.
(4)
A plat of survey showing the exterior boundaries,
including a legal description of the area of the proposed initial
PUD plan tract.
(5)
A scaled plan showing existing conditions, including
buildings, trees (five-inch caliper and greater), shrub groupings,
wetlands, areas of severe topographic changes and other site features,
with an indication of whether they are to be retained, removed or
altered.
(6)
A scaled site plan showing the general location of
proposed structures and a description of their intended use and approximate
height, open spaces, setback dimensions and buffers adjacent to the
boundaries of the tract and from existing or proposed public rights-of-way,
pedestrian and vehicular circulation systems, parking areas and loading
facilities.
(7)
A general narrative description of sign standards,
including number, type and size of signs, as well as their proposed
locations.
(8)
General landscaping standards for all buffers and
parking lots.
(9)
Pictures of the site and surrounding context. These
pictures may be submitted as photographs, scanned images or in a digital
format but shall not exceed 8.5 inches by 11 inches.
(10)
Payment of appropriate fee according to the
currently adopted fee schedule as amended from time to time.
E.
Application requirements for detailed PUD. The following
items shall comprise a complete PUD submittal package for consideration
of the detailed PUD plan:
(1)
A detailed PUD project plan. This written plan shall provide a full description of the intended overall development plan and address how each of the standards outlined under § 455-35 is to be met. The statement shall also make reference to any maps, site plans or other exhibits included in the submittal.
(2)
A statistical sheet indicating the following in square
feet, acres and percentage of the total tract, where applicable:
(a)
Gross land area.
(b)
Land covered by principal buildings.
(c)
Land covered by accessory buildings.
(d)
Land devoted to parking, drives and parking
structures.
(e)
Land devoted to landscaped open space.
(f)
Proposed dwelling unit density, if residential,
and/or total square footage devoted to nonresidential uses.
(g)
Proposed number of buildings.
(h)
Dwelling units per building.
(i)
Bedrooms per unit.
(j)
Parking spaces provided, whether surface or
in structures, and ratio per unit if residential or per 1,000 square
feet of building area if nonresidential.
(3)
A vicinity map showing the boundaries of the tract
originally included in the initial PUD plan, the territory within
1,000 feet of the tract, its proposed access, and significant community
facilities in the surrounding area.
(4)
A plat of survey showing the exterior boundaries,
including a legal description of the area of the proposed detailed
PUD plan tract.
(5)
A scaled plan showing existing conditions, including
buildings, trees (five-inch caliper and greater), shrub groupings,
wetlands, areas of severe topographic changes and other site features,
with an indication of whether they are to be retained, removed or
altered.
(6)
A scaled site plan showing the location of proposed
structures and a description of their intended use and height, all
open spaces, setback dimensions, buffers, pedestrian and vehicular
circulation systems, parking lots, structures and garages (with the
number of spaces in each), loading facilities, refuse collection facilities
and all exterior lighting.
(7)
A site grading, stormwater management and erosion
control plan indicating existing and proposed topography at two-foot
contour intervals and showing how positive runoff of surface waters
will be achieved and the means by which ultimate disposal of the development's
surface waters will be accomplished.
(8)
A utility plan showing the proposed location of storm
and sanitary sewers, water mains and laterals, parking and roadway
storm inlets and elevations.
(9)
Materials demonstrating that any anticipated population
increase has been accounted for in the Milwaukee Metropolitan Sewerage
District's capacity allocations.
(10)
A landscape plan showing the location, number,
size and type of all landscape and screening elements. Plant material
shall be of a quality consistent with the standards of the American
Association of Nurserymen (ANSI 260.1).
(11)
Elevations of each side of the exterior of any
new building or structure being proposed, including materials, colors
and window specifications. If the project is a rehabilitation of or
an addition to an existing building, both existing and proposed elevations
shall be provided if any exterior modification is proposed.
(12)
Plans showing the location, size and type of
any existing and proposed signs. Detailed information about all proposed
freestanding and wall signs, including the materials, proposed message
and exact dimensions of each sign face, shall be provided.
(13)
Pictures of the site and surrounding context.
These pictures may be submitted as photographs, printed scanned images
or in a digital format but shall not exceed 8.5 inches by 11 inches.
(14)
Materials demonstrating that all clearances
have been obtained regarding wetlands and navigable waterways, including
verification of wetland delineations, and letters from the Wisconsin
Department of Natural Resources and/or Army Corps of Engineers.
(15)
Payment of appropriate fee according to the
currently adopted fee schedule as amended from time to time.
A.
Approval authority. PUD approval establishes the zoning
for the subject district. No base zoning district is required, since
this is not an overlay district. The Common Council reviews applications
for PUD approval, holds a public hearing, and may request a recommendation
from the Planning Commission. The Common Council has the authority
to approve or deny the PUD rezoning request and the plans upon which
it is based.
B.
Preliminary concept review. Applicants are strongly
encouraged to meet with appropriate City staff for a preliminary consultation
and to schedule a concept review by the Planning Commission. This
review takes place before submitting a rezoning petition for initial
PUD zoning. The purpose of this concept review is to discuss the proposal,
review local regulations and policies applicable to the project and
discuss land use implications. Meeting with the Common Council and
City staff is strongly encouraged at this stage, and any decisions
are nonbinding.
C.
Two-stage PUD approval process. Following the preliminary
concept review, a planned unit development is established through
a two-stage process as follows:
(1)
Following the preliminary consultation, the applicant
shall submit an initial PUD plan covering the entire tract. Rezoning
takes place at this stage.
(2)
Following approval of PUD rezoning, separate detailed
PUD plans shall be submitted for each phase of development and shall
follow the development concept established by the initial PUD.
D.
Common Council action on concept plan review, initial
PUD plan approval and rezoning.
(1)
The Common Council shall hold a public hearing and
review the proposal to establish any PUD within 30 days of receipt
of the application and the submission of all required documents, plans
and maps or as the schedule permits, unless an extension is requested
by the applicant. The Common Council may then request a recommendation
from the Planning Commission prior to making a decision on the rezoning
request. The Council shall consider the following prior to making
its decision:
(2)
Once the Common Council passes the ordinance to create
the planned unit development, the standards and provisions as established
in the approved initial plans shall constitute the zoning regulations
for that planned unit development. The Common Council shall act on
the application within 90 days of receiving any report from the Planning
Commission unless the applicant agrees to a time extension. Failure
of the Common Council to act within the ninety-day period or the agreed
upon extended time shall constitute denial of the application.
E.
Commencement of project. Common Council, Aesthetic
Control Board, Planning Commission and staff approvals are required
to finalize the detailed PUD plans. At that point, construction of
private and public facilities may commence in accordance with the
following:
[Amended 1-6-2009 by Ord. No. 1266]
(1)
Approvals, fees and infrastructure required. Building
plans must be submitted to the Common Council, Aesthetic Control Board,
and Planning Commission for their review and approval prior to issuance
of any building permits. No building permit shall be issued until
all applicable fees and assessments have been paid and a developer's
agreement has been approved. For staged development, such developer's
agreements may provide for the construction of improvements and the
use of common areas outside of the subject stage.
(2)
Expiration of approval. If the Common Council and
Planning Commission have not approved detailed PUD plans within one
year of the date the Common Council approved the PUD rezoning, that
approval lapses and zoning for the parcel reverts to its prior status,
unless the time is extended in writing by the Common Council. Furthermore,
after the Common Council and Planning Commission have approved the
detailed PUD plans, construction on the project shall be commenced
within one year, unless the time is extended in writing by the Common
Council. In the event that construction has not commenced within one
year and been actively pursued, and an extension of time has not been
granted by the Common Council, the PUD zoning approval lapses and
zoning for the parcel reverts to its prior status.
F.
Changes or revisions of approved detailed PUD plans.
[Amended 1-6-2009 by Ord. No. 1266]
(1)
Submission. All proposed changes, revisions, and additions
to any aspect of an approved detailed PUD shall be submitted to the
Planning Commission and Common Council for review.
(2)
Minor changes. The Common Council, on the recommendation
of the Planning Commission, may approve minor changes without a public
hearing, provided that the detailed PUD plan remains consistent with
the spirit and intent of the initial PUD or a previously approved
detailed PUD and that the modification will not:
(a)
Change the general character of the planned
development.
(b)
Cause a substantial relocation of principal
or accessory structures.
(c)
Cause a substantial relocation or reduction
of parking, loading or recreation areas.
(d)
Cause a substantial relocation of traffic facilities.
(e)
Increase the land coverage of buildings and
parking areas.
(f)
Increase the gross floor area of buildings or
the number of dwelling units.
(g)
Reduce the amount of approved open space, landscaping
or screening.
(3)
Substantial changes. If the requested change is determined
by the Common Council to be substantial, a public hearing shall be
held by the Common Council, which has the authority to approve or
deny the request.
A.
Use and design standards. Every planned development
shall meet the following standards:
(1)
Uses. Permitted, special and accessory uses in the
planned unit development shall be specified in the initial PUD application.
The uses shall be identified by reference to those found within one
or more City zoning districts. A mix of different uses within a planned
unit development may be permitted if the Common Council determines
that the mix of uses is compatible and necessary to achieve the objectives
of the PUD. As an example, a PUD application may request approval
to allow such uses as may be found in the R-4 General Multifamily
and Commercial District and the B-2 General Business District together.
Any additions or exceptions to the specified uses in those districts
shall be specified at the time of initial PUD review and approval.
(2)
Number of buildings on a lot. The planned unit development
may allow more than one building on a lot.
(3)
Density. The planned unit development may permit the
grouping of dwelling units in one or more locations within the total
site; however, residential density for the site as a whole shall be
consistent with that specified in the City's Comprehensive Smart Growth
Plan.
(4)
Minimum area. The minimum lot area for a PUD is one
acre, which may consist of one or more contiguous parcels.
[Amended 12-5-2017 by Ord. No. 1420]
(6)
Circulation, parking and loading. Adequate pedestrian
and vehicular access shall be provided into and throughout the development.
Parking and loading facilities shall be located near the uses they
support and shall be adequately screened and landscaped in a manner
which meets or exceeds the requirements of this chapter.
(7)
Landscaping. All required vegetation shall be of a
quality consistent with the standards of the American Association
of Nurserymen (ANSI 260.1). All required vegetation shall be maintained
on an ongoing basis, including seasonal tree and plant replacement.
(9)
Utilities. All utility lines shall be installed underground.
Transformers and substations shall be installed within buildings or
otherwise screened from view.
B.
Conditions and restrictions. Planned unit developments
shall be subject to the following conditions and restrictions:
[Amended 1-6-2009 by Ord. No. 1266]
(1)
The Common Council must approve conditions and restrictions
regarding any matters typically addressed under conventional zoning
district regulations, such as, and not limited by enumeration, size,
density, minimum dwelling unit size, building setbacks, building heights,
number of buildings on a lot, density, minimum area, space between
structures, circulation, parking and loading, landscaping, lighting,
utilities and signs, etc. Common Council approval of all conditions
and restrictions is a precondition to commencement of a project under
this subsection.
(2)
The Common Council may require that performance guarantees
(such as bonds or letters of credit) be provided in a manner satisfactory
to the City Attorney, to insure the completion of any planned building
or site improvements, including but not limited to landscaping, parking
and grading.
(3)
Conditions and restrictions adopted to govern any
planned development may include nonstandard or nonuniform requirements,
regulations, and provisions recommended and approved by the Common
Council. Such nonstandard requirements, regulations and provisions
shall be designed to ensure proper development and appropriate operation
and maintenance of specific sites.
(4)
The developer(s) shall enter into a developer's agreement
with the City, approved by the Common Council, to comply with all
applicable laws and regulations, including any conditions and restrictions
adopted to regulate a specific planned development, and to assure
the construction of all facilities and infrastructure associated with
the project.
C.
Maintenance standards. All projects are subject to
the following maintenance requirements:
(1)
Failure to perform maintenance. Should the owner(s)
of a planned development fail to adequately perform maintenance functions,
such as snow and ice removal, weed cutting, or trash disposal, the
City shall have the right to perform such functions or to contract
for their accomplishment at the property owner's expense.
(2)
Failure to prevent nuisance. Should the owner(s) of
a planned development fail to properly operate or maintain the business
or premises to the extent that a nuisance is caused to occupants or
neighbors, or constitutes a nuisance to nearby properties, the Common
Council may refuse to approve subsequent stages of development until
such time as it determines that the situation and/or the method of
operation has been corrected.
