Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE VIII
Planned Unit Development PUD District
§ 310-46 Overview.
A.
The Planned Unit Development (PUD) District is intended to forward both the aesthetic and economic development objectives of the Village by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. In exchange for such flexibility, the planned development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments. In order to prevent undesirable impacts, PUDs are required to meet certain procedural requirements applicable only to planned unit developments, in addition to the general requirements of this chapter. A public hearing process is required to review a request for a planned development. All other Village requirements shall be complied with as well as any fire, building or electrical codes and applicable subdivision regulations.
B.
Provision of flexible development standards for planned unit developments (PUDs).
(1)
Permitted location. Planned developments shall be permitted with the approval of a Planned Unit Development (PUD) Zoning District.
(2)
Flexible development standards. The following exemptions to the development standards of the most comparable zoning district may be provided with the approval of a planned development:
(a)
Land use requirements. All land uses may be permitted within a PUD.
(b)
Density and intensity requirements. All requirements for residential density and nonresidential intensity may be waived within a PUD in exchange for flexible density standards within the PUD.
(c)
Landscaping requirements. All requirements may be waived within a PUD in exchange for flexible landscaping provisioning demonstrated with a landscape plan.
(d)
Parking and loading requirements. All requirements may be waived within a PUD in exchange for applicant(s) explaining alternate standard for PUD.
(3)
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the Village Board as part of the approved planned unit development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading) is otherwise listed as permitted.
(4)
Requested exemptions from these standards shall be made explicit by the applicant in the application and shall be recommended by the Plan Commission and approved explicitly by the Village Board. If not so requested and approved, such exemptions shall not be permitted.
C.
Initiation of request for approval of a PUD. Proceedings for approval of a planned development shall be initiated by:
(1)
An application of the owner(s) or agent(s) of the subject property; followed by
(2)
A recommendation of the Plan Commission; concluding with
(3)
Action of the Village Board.
D.
Application requirements. All applications for proposed planned developments shall be confirmed as complete by the Village staff or Village Consultants a minimum 21 days prior to the initiation of this procedure.
§ 310-47 Step 1 - Preapplication meeting; concept plan.
A.
The Applicant(s) are encouraged to have one preapplication meeting with Village staff and Village Consultants regarding a concept plan at no cost to the Applicant(s).
B.
If the Applicant(s) wish to proceed with a concept plan, the Applicant(s) shall:
(1)
Contact the Village Clerk-Treasurer to place an informal discussion item for the PUD concept plan on the Plan Commission agenda.
(2)
No details beyond the name of the applicant and the identification of the discussion item as a PUD is required to be given in the agenda.
(3)
At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the potential PUD. Appropriate topics for discussion may include the location of the PUD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the comprehensive plan.
(4)
Points of discussion and conclusions reached in this stage of the process shall be in no way binding upon the applicant or the Village, but should be considered as the informal, nonbinding basis for proceeding to the next step.
C.
Prepare a Concept Plan and submit to the Village Clerk-Treasurer 24 days prior to the next Plan Commission meeting. The Village Clerk-Treasurer or Village staff will confirm within three business days of receipt that the PUD concept plan submittal packet contains all of the following items prior to its placement on a Plan Commission agenda for PUD concept plan review:
(1)
A location map of the subject property showing all lands for which the planned development is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dane County. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier. The scale shall be between one inch: 100 feet or one inch: 500 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2)
A general written description of proposed PUD, including:
(a)
General project themes and images;
(b)
The general mix of dwelling unit types and/or land uses;
(c)
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;
(d)
The general treatment of natural features;
(e)
The general relationship to nearby properties and public streets;
(f)
The general relationship of the project to the comprehensive plan;
(g)
To provide the Plan Commission with information necessary to determine the relative merits of the project regarding private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility, Applicant(s) shall prepare:
[1]
An initial draft list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply; and
[2]
A complete list of zoning standards which will be more than met by the proposed PUD and the location(s) in which they apply, as compared to the most comparable zoning district(s).
(h)
A written description of potentially requested exemption from the requirements of the most comparable zoning district, in the following order:
[1]
Land use exemptions;
[2]
Density and intensity exemptions;
[3]
Bulk standards exemptions;
[4]
Landscaping exceptions;
[5]
Parking and loading requirements exceptions.
(i)
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The Applicant(s) may submit copies of a larger version of this plan in addition to the 11 inches by 17 inches version.
D.
If the Applicant(s) wish to proceed past the concept plan stage, § 310-48, Step 2 GDP, then § 310-50, Step 3 SIP, shall be performed.
§ 310-48 Step 2 - General Development Plan (GDP); Preliminary approval.
A.
A GDP shows the overall plan for development, including grading, landscaping, exterior design and location of buildings, lots, all common structures, facilities, utilities, access roads, streets, sidewalks, parking and open spaces.
B.
The PUD application form and fee per Village fee schedule shall be submitted to the Village Clerk-Treasurer. The draft General Development Plan (GDP) shall be submitted to the Village Clerk-Treasurer 24 days prior to the next Plan Commission meeting. The Village Clerk-Treasurer or Village staff will confirm within three business days of receipt that the draft GDP submittal packet contains all of the following items prior to its placement on a Plan Commission agenda for GDP review:
(1)
A location map of the subject property showing all lands for which the planned development is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Iowa or Lafayette Counties (as provided by the Village). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier. The scale shall be between one inch: 100 feet or one inch: 500 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2)
A general written description of proposed PUD, including:
(a)
General project themes and images;
(b)
Total land area (square feet);
(c)
Total building area at ground level, including garages, carports, and other community facilities;
(d)
The general mix of dwelling unit types and/or land uses;
(e)
Approximate residential densities and nonresidential intensities as described by number of dwelling units (per acre), floor area ratio (FAR), and impervious surface area ratio;
(f)
The general treatment of natural features;
(g)
The general relationship to nearby properties and public streets;
(h)
The general relationship of the project to the comprehensive plan;
(i)
A statement of rationale as to why PUD zoning is proposed. This shall identify barriers that the Applicant(s) perceive(s) in the form of requirements of the most comparable zoning district(s) and opportunities for community betterment the Applicant(s) suggest(s) are available through the proposed PD zoning;
(j)
To provide the Plan Commission with information necessary to determine the relative merits of the project regarding private benefit versus public benefit, and regarding the mitigation of potential adverse impacts created by design flexibility, applicant(s) shall prepare:
[1]
A complete list of closest comparable zoning district standards which will not be met by the proposed PUD and the location(s) in which they apply; and
[2]
A complete list of zoning standards which will be more than met by the proposed PUD and the location(s) in which they apply shall be identified, as compared with the most comparable zoning district(s).
(k)
A written description of potentially requested exemption from the requirements of the most comparable zoning district, in the following order:
[1]
Land use exemptions;
[2]
Density and intensity exemptions;
[3]
Bulk exemptions;
[4]
Landscaping exceptions;
[5]
Parking and loading requirements exceptions.
(3)
A general development plan (GDP) drawing at a minimum scale of one inch equals 100 feet (11-inch by 17-inch reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
(a)
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the "bubble plan" in addition to the 11-inch by 17-inch reduction;
(b)
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;
(c)
Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or Village Board; and
(d)
Notations relating the written information provided in 310-48(B)(2) above to specific areas on the GDP drawing.
(4)
A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of this chapter (except as noted in the listing of exceptions) and the use of extra landscaping and buffer yards.
(5)
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from Village standards or common practices.
(6)
All portions of an approved PUD-GDP not fully developed within three years of final Village Board approval shall expire. The Village Board may extend this three-year period by up to three additional years via a majority vote following a public hearing. Completed portions of the PUD-GDP shall retain the PUD-GDP status.
(7)
Following a determination by the Village Clerk-Treasurer that an application is complete, the application shall be placed on the subsequent Plan Commission agenda for review and recommendation to the Village Board. A subsequent Village Board agenda will host a public hearing, then determine approval, approval with conditions, or rejection of the General Development Plan (GDP) application. In the event the Village Board approves or conditionally approves the application, the GDP then serves as a provisional zoning for the land(s) contained within the GDP.
§ 310-49 GDP public hearing.
A.
A public hearing on the GDP application shall be held within 60 days of the receipt of the GDP application, unless the Village states reason for an extension in writing to the Applicant(s).
§ 310-50 Step 3 - Submission of Specific Implementation Plan (SIP) and draft Developer Agreement; determinations.
A.
The Specific Implementation Plan (SIP) further clarifies the standards in the GDP. Where the GDP provides general detail, such as the exterior surface will be siding, the SIP specifies and shows with visuals the siding will be a certain color, grain, or pattern from a certain provider. The area included in a Specific Implementation Plan (SIP) may be only a portion of the area included in a previously approved General Development Plan (GDP).
B.
After the effective date of the rezoning to PUD-GDP, the Applicant(s) may file an application for a proposed Specific Implementation Plan (SIP) with the Village Clerk-Treasurer. The Specific Implementation Plan (SIP) and Developer Agreement shall be submitted with the appropriate PUD application form and fee per Village fee schedule 24 days prior to the next Plan Commission meeting, and within six months of favorable GDP approval action by the Village Board. The Village Clerk-Treasurer or Village staff will confirm within three business days of receipt that the draft SIP submittal packet contains all of the following items prior to its placement on a Plan Commission agenda for SIP review:
(1)
A location map of the subject property showing all lands for which the planned development is proposed, and all other lands within 300 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dane County. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier. The scale shall be between one inch: 100 feet or one inch: 500 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided.
(2)
A written description of proposed PUD, including:
(a)
Specific project themes and images;
(b)
Total land area (square feet);
(c)
Total building area at ground level, including garages, carports, and other community facilities;
(d)
The specific mix of dwelling unit types and/or land uses;
(e)
Specific residential densities and nonresidential intensities as described by number of dwelling units (per acre), floor area ratio (FAR), and impervious surface area ratio;
(f)
The specific treatment of natural features;
(g)
The specific relationship to nearby properties and public streets;
(h)
The specific relationship of the project to the comprehensive plan;
(i)
A statement of rationale as to why PUD zoning is proposed. This shall identify barriers that the Applicant(s) perceive(s) in the form of requirements of the most comparable zoning district(s) and opportunities for community betterment the applicant suggests are available through the proposed PD zoning;
(j)
To provide the Plan Commission with information necessary to determine the relative merits of the project regarding private benefit versus public benefit, and regarding the mitigation of potential adverse impacts created by design flexibility, applicant(s) shall prepare:
[1]
A complete list of closest comparable zoning district standards which will not be met by the proposed PUD and the location(s) in which they apply; and
[2]
A complete list of zoning standards which will be more than met by the proposed PUD and the location(s) in which they apply shall be identified, as compared with the most comparable zoning district(s).
(3)
A Specific Implementation Plan (SIP) drawing at a minimum scale of one inch equals 100 feet (11-inch by 17-inch reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
(a)
An SIP site plan conforming to all the requirements of § 310-50B. A proposed preliminary/conceptual plat or CSM may be required in addition to the required site plan;
(b)
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;
(c)
Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or Village Board; and
(d)
Notations relating the written information provided in § 310-50B(2) above to specific areas on the SIP drawing.
(4)
A landscaping plan for subject property, specifying the location, species, and installed size of all trees and shrubs. This plan shall also include a chart which provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or buffer yard) of all trees and shrubs.
(5)
A series of building elevations for the entire exterior of all buildings in the proposed SIP, including detailed notes as to the materials and colors proposed.
(6)
A specific signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as street light fixtures and/or poles or street sign faces and/or poles).
(7)
A specific outline of the intended organizational structure for a property owners association, if any; deed restrictions and provisions for private provision of common services, if any.
(8)
A written description which demonstrates the full consistency of the proposed SIP with the approved GDP.
(a)
Clarify any or all variations between the requirements of the approved PUD-GDP zoning district and the proposed SIP development; and
(9)
The specific implementation plan (SIP) submission may include site plan review information, allowing the Plan Commission to combine SIP and Site Plan together. Site Plan review may, at the choice of the Applicant(s), occur at a later time when specific site and building developments will be brought forth. The process for review and approval of site plans or preliminary and final plats follows the procedures outlined in this Municipal Code.
(10)
The Plan Commission or Village Board may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the SIP, as such may be relevant to review.
(11)
All portions of an approved PUD/SIP not fully developed within three years of final Village Board approval shall expire. The Village Board may extend this three-year period by up to three additional years via a majority vote following a public hearing. Completed portions of the PUD-GDP shall retain the PUD-GDP zoning status.
C.
The Plan Commission will review and consider recommending the materials to the Village Board. The Village Board shall review the SIP and Developer Agreement, determining that the required information meets the following standards:
(1)
The height of the proposed structure(s) do(es) not create negative consequences for adjacent lots.
(2)
Village Engineer confirms the availability of adequate public sewer and water.
(3)
Landscaping and grading will be done to ensure adequate drainage.
(4)
The streets to be provided, if any, will ensure a traffic circulation pattern which minimizes through traffic, allows for adequate turning and parking and provides ample space for the turning and effective use of snowplows, garbage trucks and fire trucks, the loading and unloading of furniture, and other pickups and deliveries without blocking traffic.
(5)
There will be a minimum number of conflicts between pedestrian and vehicular traffic.
(6)
The design of open spaces and housing will provide both easy access and privacy.
(7)
No structure which contains residential units will be more than 200 feet from a street, parking area, or other right-of-way on which a fire truck may be operated.
(8)
Adequate lighting will be provided.
(9)
The SIP's landscaping plan includes the planting of adequate trees and shrubs native to Wisconsin where not already present.
(10)
The development harmonizes with its surroundings.
§ 310-51 Additional PUD requirements.
The Board shall require that:
A.
The Applicant(s) submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development. This is accomplished by the Applicant(s) providing cash, bonds, surety or other security to ensure completion of the project improvements at 110.0% the estimated cost of the improvements.
B.
Adequate provisions are present for the proper maintenance, care and preservation of all structures, facilities, utilities, access and open space by the original and all subsequent owners of property within the development.
§ 310-52 Modifications.
Any modifications in the PUD (GDP or SIP) shall be made only by written agreement between the developer and the Village Board.