Whenever the public necessity, convenience, general welfare,
or good zoning practice requires, the Town Board may, by ordinance,
change the district boundaries or amend, change, or supplement the
regulations established by this chapter or amendments thereto. Such
change or amendment shall be subject to the review and recommendation
of the Plan Commission.
A change or amendment may be initiated by the Town Board, the
Plan Commission, or by a petition of one or more of the owners or
lessees [with signed written permission of the owner(s) only] of property
within the area proposed to be changed.
Petitions for any change in the district boundaries or amendments
to the regulations shall be filed with the Zoning Administrator, shall
describe the premises to be rezoned or the regulations to be amended,
shall list the reasons justifying the petition, and shall specify
the proposed use and shall include the following:
A.
Owners' names and addresses required. Name, address, and telephone
number of the petitioner for a zoning amendment; agent; and tax key
numbers, names, and addresses of all property owners of all properties
lying within 500 feet of the area proposed to be rezoned.
B.
Plot plan required. Plot plan drawn to scale of one inch equals 100
feet showing the area proposed to be rezoned, its location, its dimensions,
the location and classification of adjacent zoning districts, and
the location and existing use of all properties within 500 feet of
the area proposed to be rezoned.
C.
Description of requested zoning district boundary change or Zoning
Chapter text amendment required. The petitioner shall provide a complete
legal description of the property for which a change in zoning is
requested. In the case of a proposed chapter text amendment, the petitioner
shall provide a copy of the text proposed to be changed, as well as
the new text being proposed by the petitioner.
D.
General description of proposed development required. A general description
of the proposed development of the property.
E.
Site plan required. A site plan of the proposed development of the property meeting the requirements set forth under Article XX of this chapter.
F.
Landscape plan required. A landscape plan meeting the requirements set forth under Article XXII of this chapter. Any required buffer yard easements shall be so noted on the landscape plan.
H.
Site intensity and capacity calculations required. Site intensity and capacity calculations meeting the requirements set forth in Article VIII and in the prescribed format set forth in the Town's application form.
I.
Architectural plans required. Architectural plans of the proposed development of the property meeting the requirements set forth under Article XXIII of this chapter.
J.
Additional information may be required. Additional information may
be required by the Plan Commission or the Town Board.
After holding a public hearing as set forth in this article,
the Plan Commission shall review all proposed changes and amendments
within the corporate limits and shall recommend that the petition
be granted as requested, be modified, or be denied. The recommendation
shall be made within 30 days after the public hearing and shall be
made in writing to the Town Board.
The Plan Commission shall hold a public hearing upon each proposed
change or amendment, giving notice of the time and place of such hearing
by publication in the Town of a Class 2 notice under Ch. 985, Wis.
Stats. At least 10 days prior written notice shall be given to the
clerk of any municipality within 1,000 feet of any land to be affected
by the proposed change or amendment.
Following such hearing and after careful consideration of the
Plan Commission's recommendations, the Town Board shall vote on the
passage of the proposed change or amendment.
Changes to floodland zoning district boundaries are subject to the regulations and procedures set forth in Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code.
Changes to shoreland wetland zoning district boundaries are subject to the regulations and procedures set forth in Chapter 23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code.
A.
Preapplication conference. Prior to official submittal of an application
for a PUD District, the applicant shall file an application to meet
with the Plan Commission for a preliminary discussion on the scope
and proposed nature of the contemplated development.
B.
Application for a PUD District. Following the preapplication conference,
the owner or his agent may file an application with the Zoning Administrator
for an amendment to the Zoning Chapter text and map for the creation
of a PUD District pursuant to the requirements of this article. Such
application shall be accompanied by all required fees. In addition,
the following materials shall be attached to the application for a
PUD District: a statement describing the relationship of the PUD District
to the Town of Barton's Comprehensive Plan, detailed neighborhood
or planning district plans, the general character of and the uses
to be included in the proposed PUD District, and the following:
(1)
Total area to be included in the PUD District, area of open
space, residential density computations, proposed number of dwelling
units, population analysis, availability of or requirements for municipal
services, and any other similar data pertinent to a comprehensive
evaluation of the proposed development.
(2)
A general summary of the estimated value of structures and site
improvement costs, including landscaping and special features.
(3)
A general outline of the organizational structure of a property
owners' or management association which is proposed to be established
for the purpose of providing necessary private services.
(4)
A general development plan which meets all of the site plan requirements set forth in Article XX of this chapter and also including:
(a)
A complete legal description of the boundaries of lands included
in the proposed PUD District and the PUD District's relationship to
surrounding properties.
(b)
The location of public and private roads, driveways, and parking
facilities.
(c)
The size, arrangement, and location of individual building sites
and proposed building groups on each individual site.
(d)
The location of recreational and open space areas and areas
reserved or dedicated for public uses, such as school, park, drainage,
etc.
(e)
The type, size, and location of structures.
(f)
General landscape treatment.
(g)
Architectural drawings and sketches illustrating the design
and character of proposed structures.
(h)
The location of public sanitary sewer and water supply facilities.
(i)
Existing topography on the site.
(j)
Anticipated uses of adjoining lands in regard to roads, surface
water drainage, and compatibility with existing adjacent land uses.
(5)
A landscape plan meeting the requirements set forth under Article XXII of this chapter. Any required buffer yard easements shall be so noted on the landscape plan.
C.
Referral to Plan Commission. The application for a PUD District shall
be referred to the Plan Commission for its review and recommendation,
including any additional conditions or restrictions which it may deem
necessary or appropriate.
D.
Public hearing required. The Plan Commission, before formulating its recommendations to the Town Board, shall hold a public hearing pursuant to the provisions of § 500-172. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested zoning change.
E.
Basis for approval. The Plan Commission, in making its recommendation,
and the Town Board, in making its determination, shall give consideration
to the following:
(1)
Intent to meet construction schedule. That the applicant for
the proposed PUD District has demonstrated that applicant intends
to meet the time schedule as set forth in the proposed PUD District
application following the approval of the change in zoning districts,
and that the development will be carried out according to the construction
schedule satisfactory to the Town.
(2)
Consistency with chapter and Comprehensive Plan required. That
the proposed PUD District is consistent in all respects to the purpose
of this section and to the spirit and intent of this chapter; is in
conformity with the Comprehensive Plan, and elements thereof, for
community development; is in conformity with, or serves to implement,
the appropriate detailed planning district or neighborhood unit development
plan, including amendments thereto; would not be contrary to the general
welfare and economic prosperity of the Town or the immediate neighborhood;
and that the benefits and improved design of the resultant development
justifies the establishment of a PUD District. The Plan Commission,
in making its recommendations, and the Town Board, in making its determination,
shall further find that:
(a)
The proposed site shall be provided with adequate drainage facilities
for surface and stormwater.
(b)
The proposed site shall be accessible from public roads that
are adequate to carry the traffic that will be imposed upon them by
the proposed development.
(c)
The proposed development shall not impose any undue burden on
public services and facilities, such as fire and police protection.
(d)
The streets and driveways on the site of the proposed development
shall be adequate to serve the residents of the proposed development
and shall meet the minimum standards of all applicable ordinances
of the Town.
(e)
Water and sewer facilities shall be provided.
(f)
The entire tract or parcel of land to be included in a PUD District
shall be held under single ownership. If there are two or more owners,
the application for such PUD District shall be filed jointly by all
of such owners. The PUD District shall be considered as one tract,
lot, or parcel, and the legal description must define said PUD District
as a single parcel, lot, or tract and so recorded with the Register
of Deeds for Washington County. The PUD District shall not be subdivided
unless no development occurs and appropriate steps and procedures
are taken to vacate the district either by the owners or the Town
Board.
(3)
Standards for residential PUD Districts. In the case of proposed
residential PUD Districts:
(a)
That 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 neighborhood.
(b)
That the total average residential density within the PUD District
will be compatible with the Town of Barton Comprehensive Plan, elements
thereof, and the detailed planning district or neighborhood unit development
plan prepared for the area.
[1]
That the population composition of the development will not
have an adverse effect upon the community's capacity to provide needed
school or other municipal service facilities.
[2]
That adequate guarantee is provided for permanent preservation
of open space areas as shown on the approved site plan either by private
reservation or by dedication to the public.
(c)
That the locations for entrances and exits have been designed
to prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets, and that the development will not
create an adverse effect upon the general traffic pattern of the surrounding
neighborhood.
(d)
That 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.
(4)
Standards for commercial and institutional PUD Districts. In
the case of proposed commercial PUD Districts:
(a)
That the economic practicality of the proposed development can
be justified.
(b)
That the proposed development will be adequately served by off-street
parking and truck service facilities.
(c)
That the locations for entrances and exits have been designed
to prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets, and that the development will not
create an adverse effect upon the general traffic pattern of the surrounding
neighborhood.
(d)
That 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)
That the total average intensity of development within the PUD
District will be compatible with the Town of Barton Comprehensive
Plan, elements thereof, and the detailed planning district or neighborhood
unit development plans prepared for the area.
(5)
Standards for industrial PUD Districts. In the case of proposed
industrial PUD Districts:
(a)
That the operational character, physical plant arrangement,
and architectural design of buildings will be compatible with the
latest in performance standards and industrial development design
and will not result in adverse effects upon the property values of
the surrounding neighborhood.
(b)
That the proposed development will have adequate provision for
off-street parking and truck service areas and will be adequately
served by rail or highway facilities.
(c)
That 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.
(d)
That the total average intensity of development within the PUD
District will be compatible with the Town of Barton Comprehensive
Plan, elements thereof, and the detailed planning district or neighborhood
unit development plans prepared for the area.
(6)
Standards for mixed-use PUD Districts. In the case of mixed-use
PUD Districts:
(a)
That the proposed mixture of uses produces a unified composite
which is compatible within itself and which, as a total development
entity, is compatible with the surrounding neighborhood and consistent
with the standards and objectives of the Comprehensive Plan.
(b)
That the various types of uses conform to the general requirements
as hereinbefore set forth, applicable to projects of such use character.
(c)
That the total average intensity of development within the PUD
District will be compatible with the Town of Barton Comprehensive
Plan, elements thereof, and the detailed planning district or neighborhood
unit development plans prepared for the area.
F.
Determination.
(1)
Town Board action. The Town Board, after due consideration,
may deny the application, approve the application as submitted, or
approve the application subject to additional conditions and restrictions.
(2)
General and detailed approval. The general and detailed approval
of an application for rezoning shall be based on and include as conditions
thereto the building, site, and operational plans for the development
as approved by the Town Board.
(a)
General approval. Plans submitted with the application for a
rezoning to the PUD District need not necessarily be completely detailed
at the time of rezoning, provided they are of sufficient detail to
satisfy the Plan Commission and Town Board as to the general character,
scope, and appearance of the proposed development. Such preliminary
plans shall designate the pattern of the proposed streets and the
size and arrangement of individual building sites. The approval of
such preliminary plans shall be conditioned upon the subsequent submittal
and approval of more specific and detailed plans as each stage of
development progresses.
(b)
Detailed approval. Plans submitted for detailed approval shall
be sufficiently precise that all factors that need to be identified
by the Plan Commission are presented, and that any approvals given
are all that would be necessary prior to issuance of a building permit.
(3)
Subsequent change or addition to the plans or use. Any subsequent
change or addition to the plans or use shall first be submitted for
approval to the Plan Commission and, if in the opinion of the Plan
Commission such change or addition constitutes a major change to the
original plan, a public hearing before the Plan Commission shall be
required and notice thereof be given pursuant to the provisions of
this article, and said proposal alterations shall be submitted to
the Town Board for approval. The Plan Commission shall find that any
modification therein, including modifications in location, design,
and number of buildings, roadways, and utilities shall be considered
a major change if such modification:
In the event of a protest against such district change or amendment
to the regulations of this chapter, duly signed and acknowledged by
the owners of 20% or more of the land immediately adjacent extending
100 feet therefrom, or by the owners of 20% or more of the land directly
opposite thereto extending 100 feet from the street frontage of such
opposite land, such changes or amendments shall not become effective
except by the favorable vote of 3/4 of the full Town Board membership.
