City of Arcadia, WI Article VII Planned Unit Developments

§ 425-27 Standards for planned unit developments.

A. Purpose. The City is, as of the effective date of this section, in need of additional comfortable and affordable residential dwelling units. The City adopts this section for the purpose of encouraging the development of new comfortable and affordable residential dwelling units and for the purpose of promoting the health, safety and welfare of the City's residents by avoiding imposing burdens on the City's municipal infrastructure, including streets and traffic control, sidewalks, parks, water supply and distribution system, sanitary and storm sewer system, police protection, and fire protection.

B. Authority. The City adopts this section pursuant to the authority granted by § 62.23(7)(b), Wis. Stats.

C. Condominiums. The planned development authorized by this section shall not be construed to create or authorize the creation of condominiums, nor shall the planned development be subdivided to create condominiums, except as provided in Ch. 703, Wis. Stats.

D. Platting. Any planned development authorized by this section shall comply with all Wisconsin statutes affecting subdividing of property pursuant to Ch. 236, Wis. Stats.

E. Applicability. Planned developments authorized by this section shall apply only to property located in the Agricultural and Multiple Residential Districts.

F. Application.

(1) The proponent of the planned development shall submit the following to the City as part of its application for a permit:

(a) Name, address, and daytime telephone number of the proponent.

(b) If the property subject to the planned development is owned by someone other than the proponent, the name, address, and daytime telephone number of the owner.

(c) If the proponent or the owner of the property subject to the planned development, or both, is a corporation or limited liability company, a certificate of status for the proponent or owner dated not more than 30 days prior to the date of application and issued by the state in which the proponent or owner is incorporated or organized.

(d) A legal description of the property to be subject to the planned development.

(e) Evidence of title to the property in the name of the owner and dated not more than 30 days prior to the date of application.

(f) Detailed plans for the planned development, which shall include but not be limited to:

[1] A legal description of the property to be subject to the planned development, including the property's relation to surrounding properties.

[2] A scale map showing the location of existing and proposed public and private roads, driveways, sidewalks, and parking facilities.

[3] The type, size, arrangement, and location of any proposed structures.

[4] The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including parks, swimming pools, and conservancy areas.

[5] General landscape treatment.

[6] The existing and proposed location of public sanitary sewer, water supply facilities, and stormwater drainage facilities.

[7] The existing and proposed location of all private utilities or other easements.

[8] Characteristics of soils related to contemplated specific uses.

[9] Existing topography on the site with contours at no greater than two-foot intervals.

[10] Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.

[11] If the planned development is to be constructed in phases, a plan showing a phase-by-phase development of the property.

[12] A plan showing how the development may be further subdivided in the future.

(g) A statement that sets forth the relationship of the planned development and the City's Comprehensive Plan, and the general character of the planned development, including the following:

[1] Total area to be included in the planned development, including area of open space, proposed number of dwelling units, residential density computations, population analysis, availability of and requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the planned 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 shall be established for the purpose of providing any necessary private services.

[4] Any proposed departures from the City zoning regulations, land subdivision regulations, or any other regulations applicable to the planned development.

[5] A complete construction schedule, including, if applicable, a schedule showing the phases of construction if the planned development will be constructed in phases.

(h) Financial information of the proponent, including:

[1] The proponent's proposed method of financing the costs for the planned development.

[2] A letter of good standing from the proponent's financial institution familiar with the proponent's financial status for the planned development, dated within 30 days of the date of the application, to demonstrate that the proponent has sufficient financial resources to complete the planned development.

(i) Name, address, and business telephone number of the proponent's contractor that will construct the planned development.

(j) The form and amount of the performance and payment bonds that the proponent will require from the proponent's contractor.

(k) A nonrefundable fee established by the Common Council by resolution.

(l) Any other information requested by the City.

(2) The City may prescribe a form for use in submitting an application and, if the City does prescribe a form, the proponent shall use the form in submitting the above-listed information.

G. Procedure.

(1) The proponent of the planned development shall meet with the City's Zoning Administrator to review the planned development before submitting the application and other materials.

(2) The proponent of the planned development shall file the application and all required materials, including without limitation the required filing fee, with the City's Clerk-Treasurer, who shall determine if the proponent's application is complete. If the application is not complete, the City's Clerk-Treasurer shall notify the proponent of the information or documents needed to make the application complete. If the proponent does not submit the information or documents needed to make the application complete within 30 days of the notice from the City's Clerk-Treasurer, the Clerk- Treasurer shall return the application and all materials, but not the filing fee, to the proponent.

(3) The City's Clerk-Treasurer shall refer the complete application and all materials to the City's Plan Commission with notice to the Common Council, which shall hold a public hearing thereon.

(4) The Plan Commission shall hold the public hearing not less than 10 days and not more than 40 days after the City's Clerk-Treasurer refers the application to the Plan Commission, and shall publish a Class 1 notice of the public hearing in accordance with Ch. 985, Wis. Stats. The Plan Commission shall also give written notice of the public hearing to each of the owners of property located within 500 feet of the property that would be subject to the planned development.

(5) After the public hearing, the Plan Commission may recommend the approval of the application to the Common Council subject to conditions specified by the Plan Commission, deny the application, or request additional information from the proponent. The Common Council shall approve the application subject to the conditions and recommendations of the Plan Commission.

(6) The Zoning Administrator shall give written notice of the Common Council's decision to the proponent of the planned development and shall publish a Class 1 notice of the Common Council's decision within 14 days after the Common Council's action.

H. Conditions. The Plan Commission shall consider imposing conditions on the issuance of the permit, including but not limited to:

(1) Uses in the planned development shall be limited to residential and multifamily residential dwellings.

(2) The maximum number of dwelling units for the parcel, which shall not be more than four dwelling units per acre.

(3) The required minimum dwelling area for each dwelling unit, which shall not be less than 1,200 square feet.

(4) The required minimum setback areas for front, side and rear yards.

(5) The required maximum lot coverage, which shall not be more than 50%.

(6) The maximum heights for buildings and other structures, which shall not be more than 45 feet.

(7) Orientation of buildings and other structures in relation to adjacent streets.

(8) The required open space area for parks and recreation, which shall not be less than 25% of the entire parcel. In calculating this open space area, the following uses shall not be considered open space uses: streets, driveways, parking areas, required setback areas, and small open areas of less than 30 square feet. The developer, and the owner, if different from the developer, shall prepare, execute and record a restrictive covenant acceptable to the Plan Commission restricting any development in the open space area.

(9) Requiring connections to public sewer and water facilities at locations specified by the Plan Commission.

(10) Street improvements, sidewalks, or bicycle paths, as well as connections to existing public streets or sidewalks, at locations specified by the Plan Commission. Streets shall be a minimum of 30 feet in width and may include curb and gutter. The developer shall install streetlights with a strength of at least 175 watts each, at locations and intervals specified by the Plan Commission. Streets shall be designed as local streets and not as arterial or through streets, to discourage the use of the planned development area by others as a thoroughfare.

(11) Requiring garages or other appropriate off-street parking spaces, but prohibiting carports and on- street parking.

(12) Requiring an owners' association or management agreement that shall require that the owners' or management association provide for maintenance of streets, sidewalks, open space areas, and other common areas; snow removal; lawn care; and garbage removal, but such garbage removal shall only be through the City of Arcadia's Operations Department.

(13) Prohibiting signs in the planned development, except for street and directional signs, house numbers, and family names on mailboxes.

(14) Landscaping, screening or buffering between the planned development and the balance of the City.

(15) Such other conditions as the Plan Commission may impose.

I. Form of permit; owner's approval; recording.

(1) If the Common Council approves the application, the Zoning Administrator shall issue to the proponent a written permit for the planned development, which shall include all of the conditions specified by the approved the Common Council. The permit shall be in the form, and shall contain all of the information, required under § 706.05, Wis. Stats., for recording the permit in the office of the Register of Deeds for Trempealeau County.

(2) In accordance with § 62.23(7)(b), Wis. Stats., the permit shall not become effective until signed by the owner of the property to be subject to the planned development. The owner's signature shall constitute approval of the permit, including all conditions imposed by the Common Council. After the owner has approved the permit, the Zoning Administrator shall record the permit in the office of the Register of Deeds for Trempealeau County.

(3) The permit shall expire automatically without further action by the City seven years after the date of issue if the construction of the planned development has not been completed by that date, but the expiration of the permit shall not affect the portion of the planned development that has been completed.

J. Appeal. Any person aggrieved by the Common Council's decision on the application may, within 30 days of the date of the Common Council's decision, petition the circuit court in and for Trempealeau County, Wisconsin, to conduct a certiorari review of the Common Council's decision.

K. Amendment. The proponent shall file with the Clerk-Treasurer a written application for any proposed modifications or alterations to the planned development after the permit has been issued. The Common Council shall instruct the Plan Commission shall hold a public hearing on such application and shall publish a Class 1 notice thereof. The Plan Commission may recommend to the Common Council to approve, approve subject to specified conditions, or deny the proposal for modifications or alterations to the planned development. The Common Council may approve, approve subject to specified conditions, or deny the proposal for modifications or alterations to the planned development.