The PUD Planned Unit Development District is
established to encourage and promote improved environmental design
in the City of Manawa by allowing for greater freedom, imagination
and flexibility in the development of land while ensuring substantial
compliance with the basic intent of the Zoning Code and the general
plan for community development. The district allows diversification
and variation in the relationship of uses, structures, open spaces
and heights of structures in developments conceived and implemented
as comprehensive and cohesive, unified projects. It is further intended
to encourage more rational and economic development in regard to public
services and encourage and facilitate preservation of open land.
This article contemplates that there may be
residential, commercial and industrial planned unit developments and
mixed compatible use developments.
A.
Minimum total area requirements. Areas designated
as planned unit developments shall contain a minimum total development
area as follows:
|
Principal Use
|
Minimum Area of PUD
(acres)
| |
|---|---|---|
|
Residential PUD
|
3
| |
|
Commercial PUD
|
3
| |
|
Industrial PUD
|
5
| |
|
Mixed compatible use
|
5
|
B.
Lot area, lot width, heights and yard requirements.
In the PUD District, there shall be no specific lot area, lot width,
floor area ratio, yard and usable open space requirements, but such
requirements as are made a part of an approved recorded precise development
plan shall be, along with the recorded plat itself, construed to be
and enforced as a part of this chapter.
C.
Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted, subject to the criteria as established in § 303-38 following, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
D.
Conditional uses. Any use allowed only as a conditional use in any of the other districts of this chapter may be permitted, subject to the criteria as established in § 303-38 following, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.
E.
Single parcel, lot or tract. Each PUD District shall
be considered as one tract, lot or parcel, and the legal description
must define said PUD as a single parcel, lot or tract and be so recorded
with the County Register of Deeds.
In the Planned Unit Development District, signs
shall be permitted in accordance with the requirements of the sign
regulations of the City,[1] and such requirements as are made a part of an approved
recorded precise development plan shall be, along with the recorded
plan itself, construed to be and enforced as a part of this chapter.
In the PUD District, off-street parking facilities
shall be provided as set forth in an approved recorded precise development
plan which shall be, along with the recorded plan itself, construed
to be and enforced as a part of this chapter.
The division of any land or lands within a planned
unit development for the purpose of change or conveyance of ownership
may be accomplished pursuant to the land division/subdivision regulations
of the City[1] when such division is contemplated.
As a basis for determining the acceptability
of a Planned Unit Development District application to the Plan Commission
and Common Council, the following criteria shall be applied to the
application for such district, with specific consideration as to whether
or not it is consistent with the spirit and intent of this chapter,
is consistent with the policies of the City Development Plan, has
been prepared with professional advice and guidance and produces significant
benefits in terms of environmental design:
A.
Character and intensity of land use. In a Planned
Unit Development District, the uses proposed and their intensity and
arrangement on the site shall be of a visual and operational character
which:
(1)
Is compatible with the physical nature of the site,
with particular concern for preservation of natural features, tree
growth and open space.
(2)
Would produce an attractive environment of sustained
aesthetic and ecologic desirability, economic stability and functional
practicality compatible with the general development plans for the
area as established by the community.
(3)
Would not adversely affect the anticipated provision
for school or other municipal services.
(4)
Would not create a traffic or parking demand incompatible
with the existing or proposed facilities to serve it.
B.
Economic feasibility and impact. The proponents of
a Planned Unit Development District application shall provide evidence
satisfactory to the Plan Commission and Common Council of its economic
feasibility, of available adequate financing and that it would not
adversely affect the economic prosperity of the city or the values
of surrounding properties.
C.
Engineering design standards. 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 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 city-designated
engineer.
D.
Preservation and maintenance of open space. In a Planned
Unit Development District, adequate provisions shall be made for the
permanent preservation and maintenance of open space, either by private
reservation or dedication to the public.
(1)
In the case of private reservation, the open area
to be reserved shall be protected against building development by
conveying to the city, as part of the conditions for project approval,
an open space easement over such open areas restricting the area against
any future building or use except as consistent with that of providing
landscaped open space for the aesthetic and recreational satisfaction
of the surrounding residences. Buildings or uses for noncommercial,
recreational or cultural purposes compatible with the open space objective
may be permitted only where specifically authorized as part of the
development plan or, subsequently, with the express approval of the
Common Council following approval of building, site and operational
plans by the Plan Commission.
(2)
The care and maintenance of such open space reservations
shall be assured by establishment of an appropriate management organization
for the project. The manner of assuring maintenance and assessing
such cost to individual properties shall be included in any contractual
agreement with the city and shall be included in the title to each
property.
(3)
Ownership and tax liability of private open space
reservations shall be established in a manner acceptable to the city
and made a part of the conditions of the plan approval.
E.
Implementation schedule. The proponents of a Planned
Unit Development District shall submit a reasonable schedule for the
implementation of the development to the satisfaction of the Common
Council, including suitable provisions for assurance that each phase
could be brought to completion in a manner which would not result
in an adverse effect upon the community as a result of termination
at that point.
A.
Pre-petition conference. Prior to the official submission
of the petition for the approval of a Planned Unit Development District,
the owner or the owner's agent making such petition should meet with
the Plan Commission or its staff to discuss the scope and proposed
nature of the contemplated development.
B.
Petition for approval. Following the pre-petition
conference, the owner or the owner's agent may file a petition with
the Clerk-Treasurer for approval of a Planned Unit Development District.
Such petition shall be accompanied by a review fee of $30. The procedure
for rezoning to a Planned Unit Development District shall be as required
for any other zoning district change under this chapter, except that,
in addition thereto, the following information shall be filed by the
applicant with the City Clerk-Treasurer with the petition for rezoning:
[Amended 1-3-2000]
(1)
Informational statement. A statement which sets forth
the relationship of the proposed PUD to the city's adopted Master
Plan (Comprehensive Land Use and Thoroughfare Plan), Neighborhood
Plan or any adopted component thereof and the general character of
and the uses to be included in the proposed PUD, including the following
information:
(a)
Total area to be included in the PUD, area of
open space, residential density computations, proposed number of dwelling
units, population analysis, availability of or requirements for municipal
services and other similar data pertinent to a comprehensive evaluation
of the proposed development.
(b)
A general summary of the estimated value of
structures and site improvement costs, including landscaping and special
features.
(c)
A general outline of the organizational structure
of a property owners' or management's association which may be proposed
to be established for the purpose of providing any necessary private
services.
(d)
Any proposed departures from the standards of development as set forth in this chapter, Chapter 302, Subdivision of Land, other city regulations or administrative rules or other universal guidelines.
(e)
The expected date of commencement of physical
development as set forth in the proposal and also an outline of any
development staging which is planned.
(f)
Appropriate statistical data on the size of
the development, residential density in the various parts of such
development, ratio of land uses, percentages of multifamily units
by number of bedrooms, economic analysis of the development, expected
staging and any other plans or data required by the Plan Commission
or Common Council.
(2)
A general development plan, including:
(a)
A legal description of the boundaries of the
subject property included in the proposed PUD and its relationship
to surrounding properties.
(b)
The location of public and private roads, driveways,
sidewalks and parking facilities.
(c)
The size, arrangement and location of any individual
building sites and proposed building types on each individual site.
(d)
The location of institutional, recreational
and open space areas and areas reserved or dedicated for public uses,
including schools, parks and drainageways.
(e)
The type, size and location of all structures.
(f)
General landscape treatment.
(g)
The existing and proposed location of public
sanitary sewer and water supply facilities and stormwater drainage
facilities.
(h)
The existing and proposed location of all private
utilities or other easements.
(i)
Characteristics of soils related to contemplated
specific uses.
(j)
Existing topography on the site with contours
at no greater than two-foot intervals.
(k)
Anticipated uses of adjoining lands in regard
to roads, surface water drainage and compatibility with existing adjacent
land uses.
(l)
If the development is to be staged, a staging
plan.
(m)
A plan showing how the entire development can
be further subdivided in the future.
A.
Requirements. The Plan Commission, in making recommendations
for approval, and the Common Council, in making a determination approving
a petition for planned unit development, shall find as follows:
B.
Proposed construction schedule. The Plan Commission
and Common Council, in making their respective recommendation and
determination, shall consider the reasonableness of the proposed construction
schedule and any staging plan for the physical development of the
proposed PUD, commencement of the physical development within one
year of approval being deemed reasonable.
C.
Residential PUD considerations. The Plan Commission
and Common Council, in making their respective recommendation and
determination as to a proposed residential planned unit development,
shall further consider whether:
(1)
Such development will create an attractive residential
environment of sustained desirability and economic stability, including
structures in relation to terrain, consideration of safe pedestrian
flow, ready access to recreation space and coordination with overall
plans for the community.
(2)
The total net residential density within the planned
unit development will be compatible with the City Master Plan (Comprehensive
Land Use and Thoroughfare Plan), Neighborhood Plan or components thereof
and shall be compatible with the density of the district wherein located.
(3)
Structure types will be generally compatible with
other structural types permitted in the underlying basic use district.
(4)
Provision has been made for the installation of adequate
public facilities and the continuing maintenance and operation of
such facilities if privately owned.
(5)
Provision has been made for adequate, continuing fire
and police protection.
(6)
The population density of the development will or
will not have an adverse effect upon the community's capacity to provide
needed school or other municipal service facilities.
(7)
Adequate guaranty is provided for permanent preservation
of open space areas as shown on the general development plan as approved
either by private reservation and maintenance or by dedication to
the public.
D.
Commercial PUD considerations. The Plan Commission
and Common Council, in making their respective recommendation and
determination as to a proposed commercial planned unit development,
shall further consider whether:
(1)
The economic practicality of the proposed development
can be justified.
(2)
The proposed development will be served by off-street
parking and truck service facilities in accordance with this chapter.
(3)
The proposed development shall be adequately provided
with, and shall not impose any undue burden on, public services and
facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and stormwater drainage and maintenance of public
areas.
(4)
The locations of entrances and exits have been designated
to prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets and the development will not create
any adverse effect upon the general traffic pattern of the surrounding
neighborhood.
(5)
The architectural design, landscaping, control of
lighting and general site development will result in an attractive
and harmonious service area compatible with and not adversely affecting
the property values of the surrounding neighborhood.
E.
Industrial PUD considerations. The Plan Commission
and Common Council, in making their respective recommendations and
determination as to a proposed industrial planned unit development,
shall further consider whether:
(1)
The operational character and physical plant arrangement
of buildings will be compatible with the latest in performance standards
and industrial development design and will not result in an adverse
effect upon the property values of the surrounding neighborhood.
(2)
The proposed development shall be adequately provided
with, and shall not impose any undue burden on, public services and
facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and stormwater drainage and maintenance of public
areas.
(3)
The proposed development will include provision for
off-street parking and truck service areas in accordance with this
chapter and will be adequately served by easy-access rail and/or arterial
highway facilities.
(4)
The proposed development is properly related to the
total transportation system of the community and will not result in
an adverse effect on the safety and efficiency of the public streets.
F.
Mixed Use PUD considerations. The Plan Commission
and Common Council, in making their respective recommendation and
determination as to a proposed mixed use planned unit development,
shall further consider whether:
(1)
The proposed mixture of uses produces a unified composite
which is compatible with the zoning district and which, as a total
development entity, is compatible with the surrounding neighborhood.
(2)
The various types of uses conform to the general requirements,
as hereinbefore set forth, applicable to projects of such use and
character.
(3)
The proposed development shall be adequately provided
with, and shall not impose any undue burden on, public services and
facilities, such as fire and police protection, street maintenance,
water, sanitary sewer and stormwater drainage and maintenance of public
areas.
A.
Recording. Upon final approval of the application
and adoption of a zoning change to the Planned Unit Development District
by the Common Council, the building, site and operational plans for
the development, as approved, as well as all other commitments and
contractual agreements with the city offered or required with regard
to components, project value, character and other factors pertinent
to an assurance that the proposed development will be carried out
basically as presented in the official submittal plans shall be recorded
by the developer within 10 days in the Waupaca County Register of
Deeds office. Unless and until all of said plans and documents have
been recorded, no building permit shall be issued for any construction
within said Planned Unit Development District. Detailed construction
and engineering plans need not necessarily be completed at the time
the zoning is approved, but the approval and recording of the above
plans shall be conditioned upon the subsequent submittal and approval
of more specific and detailed plans as the development progresses.
B.
Specific implementation plan after approval of zoning.
The applicant shall file with the Plan Commission:
(1)
A precise plan of development.
(2)
Proof of financing capability.
(3)
A scale map of the area.
(4)
A final plat of the entire development area showing
detailed lot layout and the intended use of each lot or parcel of
land, public dedications, public and private streets, driveways, walkways
and parking facilities.
(5)
The location and treatment of open space areas and
recreational or other special amenities.
(6)
The arrangement of building groups, other than single-family
residences, and all final landscape plans.
(7)
Architectural drawings and sketches illustrating the
design and character of proposed structures.
(8)
Location of all utility installations.
(9)
A development schedule indicating:
(a)
The approximate date when construction of the
project can be expected to begin.
(b)
The stages in which the project will be built
and the approximate date when construction of each stage can be expected
to begin.
(c)
The anticipated rate of development.
(d)
The approximate date when the development of
each of the stages will be completed.
(e)
The area and location of open space that will
be provided at each stage.
(10)
Agreements, bylaws, provisions or covenants
which govern the organizational structure, use, maintenance and continued
protection of the planned unit development and any of its common services,
open areas or other facilities.
(11)
Any other plans, documents or schedules required
by the Plan Commission or Common Council.
C.
Development contract.
(1)
Before any building permit shall be issued, the applicant
and the owner shall enter into an appropriate contract with the city
to guarantee the implementation of the development according to the
terms and conditions established as a part of the specific implementation
plan. The city shall have the right, if deemed appropriate, to require
the inclusion of a performance bond satisfactory to the City Attorney.
Such contract shall be recorded by the developer in the Waupaca County
Register of Deeds office within 10 days after its execution.
(2)
Any subsequent change of use of any lot or parcel of land or addition to or modification of the plans shall first be submitted for approval to the Plan Commission, and if, in the opinion of the Plan Commission, such change or modification constitutes a substantial alteration of the original plans, the procedure provided in §§ 303-39 and 303-40 above and in this section shall be required before the use is changed or the plans modified. If, in the opinion of the Plan Commission, such change or modification does not constitute a substantial alteration of the original plans and if such change or modification is recommended by the Plan Commission, the change or modification may be made with the approval of the Common Council.
