Whenever the public necessity, convenience, general welfare,
or good zoning practice require, the Common Council may by ordinance,
change the district boundaries or amend, change, or supplement the
regulations established by this Ordinance or amendments thereto. Such
change or amendment shall be subject to the review and recommendation
of the Plan Commission. This section and the following provisions
of Division 15-9.0200 shall not apply to any amendment of the land
division regulations set forth within this Ordinance, including any
regulations under Parts 1, 11 and 12 of this Ordinance pertaining
to land division, Division 15-2.0100, Division 15-2.0300, Division
15-9.3000 and Parts 4, 5, 7 and 8, the amendment of which shall be
subject to the procedures specified pursuant to § 236 .45(4),
Stats., as amended. Amendments to the zoning provisions of this Ordinance
shall be made as set forth in this Ordinance and § 62.23(7)(d),
Stats., as amended and such other statutes as may apply to the amendment
of a specific zoning provision as may be set forth in this Ordinance.
Amendments to the land division provisions of this Ordinance shall
be made as set forth in § 236.45(4), Stats., as amended.
A change or amendment may be initiated by the Common Council,
the City Plan Commission, or by a petition of one or more of the owners
or lessees 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 City Clerk, 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 200 feet of the area proposed to be rezoned.
B.
Plot Plan Required. Plot plan drawn to a reasonable
scale (as determined by the City Planner and/or City Engineer) and
fully dimensioned 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
200 feet of the area proposed to be rezoned.
C.
Description of Requested Zoning District Boundary
Change or Unified Development Ordinance 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
Ordinance 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
Division 15-7.0100 of this Ordinance.
F.
Landscape Plan Required. A Landscape Plan meeting
the requirements set forth under Division 15-7.0300 of this Ordinance.
Any required bufferyard easements shall be so noted on the Landscape
Plan. An applicant may elect to only file a preliminary landscape
plan generally depicting the landscaping for the premises at the time
of Petition filing, with the later submission of a Landscape Plan
to be a condition of any final Petition approval, except where Department
of City Development staff requires the filing of a Landscape Plan
with the Petition or the Plan Commission requires the Landscape Plan
submission during its review of the Petition, upon a determination
that same is reasonably necessary in order to properly review the
visual impacts of the proposed change or amendment. Landscape Plans
must be approved by the Plan Commission.
G.
Natural Resource Protection Plan Required. If natural
resource features are present on the subject property, as defined
in Divisions 15-4.0100 and 15-11.0100 of this Ordinance, a Natural
Resource Protection Plan meeting the requirements set forth in Division
15-7.0200 of this Ordinance.
H.
Site Intensity and Capacity Calculations Required.
Site intensity and capacity calculations meeting the requirements
set forth in Division 15-3.0500 and in the prescribed format set forth
in the City's application form.
I.
Architectural Plans. Architectural plans meeting
the requirements of Division 15-7.0800 of this Ordinance.
J.
Additional Information May be Required. Additional
information may be required by the Plan Commission or the Common Council.
After holding a public hearing as set forth in this Division,
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 Common Council.
The Plan Commission, as a committee of the Common Council, 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
City of a Class 2 notice under Chapter 985 of the Wisconsin Statutes.
Written notice of the public hearing shall also be delivered by regular
mail to all owners of properties or portions of properties within
500 feet of the lands described in the application, mailed not less
than 10 days prior to the hearing, with the ownership to be determined
by the records on file in the Office of the City Assessor; notice
to one of joint or in-common owners being notice to all. 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 amendments. Due notice of all public hearings on petitions for
changes to the floodplain districts or amendment to the regulations
affecting the floodplain districts shall be transmitted to the Wisconsin
Department of Natural Resources (DNR) and the Federal Emergency Management
Agency (FEMA). Amendments to the floodplain district boundaries or
regulations shall not become effective until approved by the DNR and
the FEMA. In the case of floodplain district boundary changes, an
official letter of map amendment from the FEMA shall also be required
and the provisions set forth in § 15-9.0207 of this Division
shall be followed. Only statutorily required notice is to be given
for text amendment applications; written and mailed notice to owners
of properties is not required for the hearing upon an application
for a text amendment.
Following such hearing and after careful consideration of the
Plan Commission's recommendations, the Common Council shall vote on
the passage of the proposed change or amendment.
A.
Changes to the FW, FC, and FFO Districts. Changes
to the FW, FC, and FFO Districts shall further be limited to the following:
1.
Changes in the Floodway Delineation. Changes to
the floodway delineation shall not be permitted where the change will
increase the flood stage elevation equal to or more than 0.01 foot
in height, unless the petitioner has made appropriate legal arrangements
with all affected units of government and all property owners affected
by the stage increase. Petitions for floodway changes shall show the
effects or the change within the associated flood fringe and shall
provide adjusted water surface profiles and adjusted floodplain limits
to reflect the increased flood elevations.
2.
Removal of Land From the FW, FC, and FFO Floodplain
Districts. Removal of land from the floodplain districts shall not
be permitted unless the land has been filled to an elevation at least
two feet above the elevation of the one-hundred-year recurrence interval
flood and further provided that such lands are contiguous to lands
lying outside of the floodplains.
3.
Amendment of Unnumbered A Zones. Amendment of unnumbered
A Zones shall not be permitted unless the petitioner provides the
City with engineering data showing the flood profile, necessary river
cross- sections, flow elevations, and any effect the establishment
of a floodway/flood fringe will have on flood stages. The effects
shall be limited as set forth in this section. If the unnumbered A
Zone is five acres or less in area and where the cost of the proposed
development is estimated to be $125,000 or less, the Department of
Natural Resources (DNR) will assist the petitioner in determining
the required flood elevations.
4.
No River or Stream Shall be Altered or Relocated.
No river or stream shall be altered or relocated until a floodplain
zoning change has been applied for and granted in accordance with
the requirements of this section, and until all adjacent communities
have been requested to review and comment on the proposed alteration
or relocation. The flood-carrying capacity of the altered or relocated
watercourse shall not be reduced to less than the flood-carrying capacity
before the watercourse was altered or relocated.
5.
Notice to and Approval by DNR. A copy of all notices
for amendments or rezoning in the FW, FC, and FFO Districts shall
be transmitted to the Wisconsin Department of Natural Resources (DNR)
not less than 10 days prior to the public hearing. Notice of action
taken shall be provided to the DNR within 10 days of the decision.
No amendments to the floodplain district boundaries or regulations
shall become effective until approved by the DNR.
6.
Notice to and Approval by FEMA. Notices of action
taken for amendments or rezoning in the FW, FC, and FFO Districts
shall be transmitted to the regional office of the Federal Emergency
Management Agency (FEMA) within 10 days of the decision. In the case
of floodplain district boundary changes, FEMA will determine if an
official Letter of Map Amendment (LOMA) or Letter of Map Revision
Based on Fill (LOMR-F) will be required. The LOMA and LOMR-F are waivers
of Federal insurance requirements; these letters do not fulfill minimum
requirements for removing land from the floodplain. To remove land
from floodplain, the requirements in § 15- 9.0207A.2 above
must be met. No amendments to the floodplain district boundaries or
regulations shall become effective until approved by FEMA.
B.
Changes to the SW Shoreland Wetland District. Changes
to the SW District shall further be limited to the following:
1.
Notice to DNR. The City shall transit a notice of
any change (text or map) in the SW District if such change affects
land in the shoreland, as defined in this Ordinance, to the Wisconsin
Department of Natural Resources (DNR). Notice requirements shall be
as follows:
a.
A copy of every petition for a text or map change
mailed within five days of filing with the City Clerk.
b.
At least 10 days' prior notice of any public hearing
on a SW District zoning amendment.
c.
Notice of a City Plan Commission recommendation
no later than 10 days following the recommendation.
d.
Notice of a Common Council decision no later than
10 days following the decision.
2.
Review Standards. No wetland in a SW District shall
be rezoned if the rezoning may result in a significant adverse impact
on storm or floodwater storage capacity; maintenance of dry season
streamflow, the discharge of groundwater from the wetland to another
area, or the flow of groundwater through a wetland; filtering or storage
of sediments, nutrients, heavy metals, or organic compounds that would
otherwise drain into navigable waters; shoreline protection against
soil erosion; fish spawning, breeding, nursery, or feeding grounds;
wildlife habitat; or areas of special recreational, scenic, or scientific
interest, including scarce wetland types.
3.
DNR Objections. If the DNR has notified the City
Plan Commission that an amendment to the shoreland portion of the
SW District may have a significant adverse impact upon any of the
criteria listed above, that amendment, if approved by the Common Council,
shall contain the following provisions:
"This amendment shall not take effect until more than
30 days have elapsed since written notice of the Common Council's
approval of this amendment was mailed to the Department of Natural
Resources. During that thirty-day period, the Department of Natural
Resources may notify the Common Council that it will adopt a superseding
shoreland ordinance for the City, pursuant to § 62.231 of
the Wisconsin Statutes. If the Department does so notify the Common
Council, the effect of this amendment shall be stayed until the § 62.231
adoption procedure is completed or otherwise terminated."
A.
Pre-Application Conference. Prior to official submittal
of an application for a PDD Planned Development District, the applicant
shall file an application to meet with the City Plan Commission for
a preliminary discussion on the scope and proposed nature of the contemplated
development.
B.
Application for a PDD Planned Development District.
Following the pre-application conference, the owner or his agent may
file an application with the City Clerk for an amendment to the Unified
Development Ordinance text and map for the creation of a PDD Planned
Development District pursuant to the requirements of Division 15-9.0200
of this Ordinance Such application shall be accompanied by all required
fees. In addition, the following materials shall be attached to the
application for a PDD Planned Development District:
1.
A statement describing the relationship of the PDD
Planned Development District to the City of Franklin's Comprehensive
Master Plan, detailed neighborhood or planning district plans, general
character of and the uses to be included in the proposed PDD Planned
Development District, and the following:
a.
Total area to be included in the PDD Planned Development
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.
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 owner's or management's association which is proposed
to be established for the purpose of providing necessary private services.
d.
A general development plan which meets all of the
Site Plan requirements set forth in Division 15-7.0100 of this Ordinance
and also including:
(1)
A complete legal description of the boundaries
of lands included in the proposed PDD Planned Development District
and the PDD District's relationship to surrounding properties.
(2)
The location of public and private roads, driveways,
and parking facilities.
(3)
The size, arrangement, and location of individual
building sites and proposed building groups on each individual site.
(4)
The location of recreational and open space areas
and areas reserved or dedicated for public uses, such as school, park,
drainage, etc.
(5)
The type, size, and location of structures.
(6)
General landscape treatment.
(7)
Architectural drawings and sketches illustrating
the design and character of proposed structures.
(8)
The location of public sanitary sewer and water
supply facilities.
(9)
Existing topography on the site.
(10)
Anticipated uses of adjoining lands in regard
to roads, surface water drainage, and compatibility with existing
adjacent land uses.
e.
A Landscape Plan meeting the requirements set forth
under Division 15-7.0300 of this Ordinance. Any required bufferyard
easements shall be so noted on the Landscape Plan.
f.
If natural resource features are present on the
subject property, as defined in Divisions 15-4.0100 and 15-11.0100
of this Ordinance, a Natural Resource Protection Plan meeting the
requirements set forth in Division 15-7.0200 of this Ordinance.
g.
Site Intensity and Capacity Calculations meeting
the requirements set forth in Division 15-3.0500 and in the prescribed
format set forth in the City's application form.
C.
Referral to Plan Commission. The application for
a PDD Planned Development 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 Common Council, shall hold
a public hearing pursuant to the provisions of § 15-9.0205.
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 Common Council in making its determination,
shall give consideration to the following:
1.
Intent to Start Construction Within a Reasonable
Period. That the applicant for the proposed PDD Planned Development
District has demonstrated that the applicant intends to start construction
within a reasonable period following the approval of the change in
zoning districts and that the development will be carried out according
to a reasonable construction schedule satisfactory to the City.
2.
Consistency with Unified Development Ordinance and
Comprehensive Master Plan Required. That the proposed PDD Planned
Development District is consistent in all respects to the purpose
of this Section and to the spirit and intent of this Ordinance; is
in conformity with the Comprehensive Master 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 City or the immediate neighborhood,
and that the benefits and improved design of the resultant development
justifies the establishment of a PDD Planned Development District.
The Plan Commission in making its recommendations, and the Common
Council in making its determination, shall further find that:
a.
The proposed site shall be provided with adequate
drainage facilities for surface and storm water.
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 City.
e.
Water and sewer facilities shall be provided.
f.
The application for a PDD Planned Development District
shall be filed jointly by all of the owners of all of the lands to
be included in the Planned Development District. The PDD Planned Development
District shall be considered as one tract, lot or parcel, and the
legal description must define the PDD Planned Development District
as a single parcel, lot or tract and be recorded as such upon approval
with the Register of Deeds for Milwaukee County. Subsequent to the
recording of a PDD Planned Development District, the lands therein
shall not be divided unless the Common Council determines that such
division will not adversely affect improved properties within or the
character of the Planned Development District and that the division
will not have a substantial or undue adverse or detrimental effect
upon or endanger adjacent property, the character of the area, or
the public health, safety, morals, comfort and general welfare and
not substantially diminish and impair property values within the community
or neighborhood.
3.
Standards for Residential PDD Planned Development
Districts. In the case of proposed residential PDD Planned Development
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 PDD Planned Development District will be compatible with the City
of Franklin Comprehensive Master 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.
4.
Standards for Commercial and Institutional PDD Planned
Development Districts. In the case of proposed commercial PDD Planned
Development 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 PDD Planned Development District will be compatible with
the City of Franklin Comprehensive Master Plan, elements thereof,
and the detailed planning district or neighborhood unit development
plans prepared for the area.
5.
Standards for Industrial PDD Planned Development
Districts. In the case of proposed industrial PDD Planned Development
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 PDD Planned Development District will be compatible with
the City of Franklin Comprehensive Master Plan, elements thereof,
and the detailed planning district or neighborhood unit development
plans prepared for the area.
6.
Standards for Mixed-Use PDD Planned Development
Districts. In the case of mixed-use PDD Planned Development 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 PDD Planned Development District will be compatible with
the City of Franklin Comprehensive Master Plan, elements thereof,
and the detailed planning district or neighborhood unit development
plans prepared for the area.
7.
Determination.
a.
Common Council Action. The Common Council, after
due consideration, may deny the application, approve the application
as submitted, or approve the application subject to additional conditions
and restrictions.
b.
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 Common Council.
(1)
General Approval. Plans submitted with the application
for a rezoning to the PDD Planned Development District need not necessarily
be completely detailed at the time of rezoning provided they are of
sufficient detail to satisfy the Plan Commission and Common Council
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.
(2)
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 Certificate of Occupancy.
c.
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 substantial
alteration of the original plan, a public hearing before the Plan
Commission shall be required and notice thereof be given pursuant
to the provisions of this Division, and said proposal alterations
shall be submitted to the Common Council for approval.
In the event of a protest against such district change or amendment
to the regulations of this Ordinance, duly signed and acknowledged
by the owners of 20% or more either of the areas of the land included
in such proposed amendment, or by the owners of 20% or more of the
area of the land immediately adjacent extending 100 feet therefrom,
or by the owners of 20% of more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such change or amendment shall not become effective except by the
favorable vote of 3/4 of the full Common Council membership. No application
for a zoning amendment pertaining to specific lands which describes
the property to be subject to such proposed zoning amendment so as
to create a "buffer zone", which buffer zone is found by the Common
Council to have been created to avoid the effect of a protest petition
and which buffer zone proposal is not supported by a substantial land
use reason or a reasonable zoning practice purpose, shall be approved.
The burden of proof with regard to the findings to be made by the
Common Council hereunder shall be upon the applicant.
