(a)

Standards and exceptions established. Planned development projects are substantially different in character from other conditional uses and for this reason, specific and additional standards and exceptions are hereby established to regulate planned development projects.

(b)

Compliance. The planned development process provides a flexible regulatory framework designed to allow developers greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance with the basic intent of the zoning code and comprehensive plan. At the same time the PD process ensures the city that key development parcels and large land holdings will be developed with a comprehensive and cohesive unified development plan.

(c)

As conditional uses. A planned development may be permitted as a conditional use in any district. No planned development is permitted in any lake district, unless the parcel to be developed has a minimum of 200 feet of lake frontage. A planned development project may also contain mixed dwelling types and mixed compatible uses. Unless modified by specific provisions of this section, the provisions and requirements of article V of this chapter shall apply.

(d)

Stages. All PDs are submitted and approved in two stages:

(1)

The first stage is a general development plan which shows the entire property holding. The general development plan shows the general locations of buildings or building envelopes, common open spaces, parking and drive areas and principal landscape features. If the development is proposed to occur in phases, sequence of development should be indicated. It is recognized that general development plans are often submitted prior to the identification of the ultimate land user or the specific land uses.

(2)

The second stage is a detailed plan which shows detailed plans and information for that portion of a project which is intended for construction in the near future. Frequently detailed plans are submitted for only those portions of the total project area shown in the general development plan which are planned for immediate development. Subsequent phases of development are shown in separate detailed plans prepared at the time of development.

(e)

Densities. Development densities in conditional use - planned development shall not exceed the densities permitted by the underlying zoning district. Where a proposed planned development project encompasses more than one underlying zoning district, the densities of the various zoning districts may be averaged or densities may be calculated separately for each of the different zoning districts. Density averaging may not be employed where any zoning district is A-1 agricultural or A-1E exclusive agricultural.

(f)

Residential clustering. A planned development may permit condensed building sites in nearer proximity than permitted in the underlying zoning district regulations in order to maximize common open space, enhance preservation of natural features, or minimize infrastructure improvements. Residential clustering may be accomplished by reduced fee simple lot sizes or by condominium. Building setbacks, building to building separation, lot size and the quality of the resulting common area may be considered when evaluating a residential clustering plan. No planned development shall be permitted with residential lots less than one-half acre in size.

(g)

Submittal requirements.

(1)

General development.

a.

A site map drawn to a scale of one inch equals 100 feet or greater, showing existing topography and vegetation.

b.

A site plan drawn to a scale of one inch equals 100 feet or greater, showing proposed public streets, access points for private drives and driveways, proposed building envelopes and the location of common open space or preserved green areas.

c.

Conceptual landscape plan showing the general location of new plant materials, landscaped features and screens and berms. Areas where mature vegetation is to be removed must be shown on the conceptual landscape plan.

d.

Conceptual grading plan showing general site drainage, the location of on-site stormwater management facilities, and any modification of the existing topography.

e.

Photographs of the site and the adjoining properties.

f.

If available, building elevations or photographs of other comparable buildings constructed on other sites.

(2)

Detailed plan submittal requirements.

a.

Detail site plan based on a certified survey, condominium plat or subdivision plat, showing precise locations and size of all elements shown on the general development plan.

b.

Building plan showing exterior elevations and floor plans of each building proposed for construction. The plans shall include descriptions of materials and colors. The plan commission may request material and color samples. Include finished ground and basement floor grades.

c.

Engineering plan showing existing and proposed topography with contours at intervals not exceeding two feet, proposed drainage patterns, site grading plan, sanitary sewer system, storm sewer system and water supply system, all subject to approval by the city engineer.

d.

Landscape planting plan showing the type, size, and location of plantings, retaining walls and other landscape features.

e.

Erosion control plan as required by this Code.

f.

Other special documents showing such other design components and related information as may be required by the plan commission or common council. These may include, but are not limited to, maintenance agreements, development agreements, plans of operation, property owners' association documentation, and deed restrictions.

(h)

Criteria for approval. The intent of the PD procedures is to enable the developer to have greater flexibility in planning for land uses and site design than would be permitted under standard zoning provisions. However, there are some general criteria that the plan commission will follow in reviewing and approving PDs. Criteria for approval include:

(1)

A planned development may be allowed by the plan commission where natural features are determined to warrant preservation.

(2)

Existing mature vegetation and natural topography will be preserved to the greatest extent feasible.

(3)

The character and intensity of the proposed development must be compatible with existing and planned land uses on nearby and adjoining properties.

(4)

Reduction in lot area, lot width and building setbacks may be considered by the plan commission if the resulting configuration creates greater open space, produces appreciable areas that enhance preservation or expansion of natural features, or provides tangible community benefits associated with public use and enjoyment.

(5)

The proposed development must not result in diminishment of property values of adjoining or nearby properties.

(6)

Existing and planned street and highway improvements are adequate to handle the projected volumes of traffic generated by the proposed development.

(7)

There is adequate capacity in the public sanitary sewer and stormwater sewer system to handle projected demand.

(8)

The proposed circulation system and the design and layout of utilities has taken into account existing and potential streets and utility systems on adjoining parcels.

(Code 1997, § 17.75; Rep. and Recr. #411; Rep. & Recr. #623; Am. #646; Cr. #729; Am. #729)

(a)

Preliminary staff consultation. A petitioner shall have a preliminary consultation with the administrator and such other city staff and consultants that the city administrator deems needed and appropriate to conduct a preliminary review of the application.

(b)

Preliminary plan commission consultation. An applicant may meet with the plan commission for a preliminary consultation prior to formally submitting a conditional use application. The purpose of the preliminary consultation is to discuss the proposed request, review the local regulations and policies applicable to the project, and discuss the land use implications of the proposal.

(c)

Application and general development plan.

(1)

The applicant shall submit a conditional use application in accordance with the application procedure described in section 52-137. In addition to the required information noted in section 52-137, a general development plan shall be submitted to the plan commission and common council for review 60 days prior to the rezoning hearing and/or detailed design work. The general development plan shall include data required under section 52-263(7) and (8).

(2)

In addition, other documents or related information may be required by the plan commis sion and common council, which may include, but is not limited to, economic impact and market feasibility studies.

(3)

The general development plan and related information shall be available for public inspection prior to any public hearing for conditional use zoning on the proposed project.

(Code 1997, § 17.76; Rep. and Recr. #411)

(a)

As noted in section 52-263, planned developments may be regulated by specific and additional standards and exceptions different from conventional zoning regulations. To accomplish this, the plan commission may recommend and the common council may adopt by resolution specific conditions and restrictions for each planned development project. The specific conditions and restrictions may specify permitted uses, density standards, including lot area, yard setbacks, open space, dwelling unit size and distribution, and other appropriate regulations. When lands border a lake or other public body of water, pyramiding as defined and prohibited in this Code may be allowed under this article only if the minimum lake frontage and width of the parcel fronting on the lake at the ordinary high water mark is 100 feet for the first dwelling unit and 50 percent of the lake frontage requirement of the underlying zoning district for each additional dwelling unit; provided, however, that the number of dwelling units per parcel shall not exceed 25 percent additional units than would have been permissible under the restrictions of the underlying zoning district.

(b)

The resolution containing the conditions and restrictions may also include other nonstandard or non-uniform requirements, regulations and provisions as recommended by the plan commission and approved by the common council. Such nonstandard requirements, regulations and provisions shall be designed to ensure proper development and appropriate operation and maintenance of each specific planned development project.

(c)

Owners, their heirs, successors, and assigns shall agree by contract with the city to comply with all applicable laws and regulations, including the specific conditions and restrictions adopted to regulate a specific planned development project.

(Code 1997, § 17.77; Rep. and Recr. #411)

(a)

After conditional use zoning has been granted based upon the information shown in the general development plan, detailed plans and information covering that portion of the total project which is intended for construction shall be submitted for approval prior to the issuance of a building permit.

(b)

The detailed plans and information described in this section shall be filed with the city clerk at least 28 days in advance of a regularly scheduled plan commission meeting. After review and action by the plan commission, all detailed plans and information shall be submitted to the common council along with any written statement of the plan commission findings and recommendations within 45 days. The common council shall approve all detailed plans and information prior to the issuance of a building permit or any other permits.

(c)

The detailed plans and information shall cover that portion of the project which is intended for construction and shall include data required in section 52-263.

(Code 1997, § 17.78; Rep. and Recr. #411; Am. #517)

(Ord. No. 800, § 1, 7-18-2022)

All residential planned developments shall provide permanent common open space. The open space may be in public ownership or in private ownership with an open space easement to assure that the open space will be permanent. The common open space area shall be conveniently accessible to all residential dwelling units within a planned development and is further defined as follows:

(1)

Common open space includes:

a.

Land area of the site not covered by buildings, parking structures or accessory structures, except recreational structures. Underground parking decks may be counted as open space.

b.

Land which is accessible and available to all occupants of dwelling units for whose use the space is intended.

(2)

Common open space does not include:

a.

Land area covered by buildings.

b.

Proposed street rights-of-way, public or private.

c.

Open parking areas and driveways for dwellings.

d.

Public or private walkways.

e.

School sites.

f.

Commercial areas and the buildings, accessory buildings, parking and loading facilities for these commercial areas.

g.

Land determined unsuitable by the plan commission.

The aggregate open space of the planned development, including any proposed roads, shall be no less than would have resulted from the application of the existing open space requirements of the district. Up to 20 percent of the land currently zoned C-1 or wetlands may be used in this open space computation.

(Code 1997, § 17.79; Rep. and Recr. #411)

(a)

Should the owner of a planned development fail to properly operate or maintain the project or premises to the extent that a nuisance is caused to occupants or neighbors or constitutes a nuisance to nearby properties, the city may refuse to approve subsequent stages of development until the situation and/or method of operation has been corrected.

(b)

Should the owner of a planned development fail to adequately perform maintenance functions, such as snow and ice removal, weed cutting or trash disposal, the city shall have the right to perform such functions or to contract for their accomplishment at the expense of the owner of the planned development.

(c)

The care and maintenance of common open space shall be insured either by establishment of appropriate management organization for the project or by an agreement with the city for establishment of a special district for the project area on the basis of which the city shall provide the necessary maintenance service and levy the costs thereof as a special assessment on the tax bills of the properties within the project area. In any case, the city shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the city.

(Code 1997, § 17.80; Rep. and Recr. #411)

(a)

All changes, revisions or additions to any aspect of an approved planned development project shall be submitted to the plan commission for their review.

(b)

A public hearing shall be held by the plan commission and a written recommendation to approve, approve with conditions, or deny shall be submitted to the common council prior to a final decision by the common council.

(Code 1997, § 17.81; Rep. and Recr. #411; Rep. & Recr. #646)

(a)

Any planned development which initially involves a division of land or any successive division of land shall be subject to the regulations of chapter 44, pertaining to subdivisions.

(b)

However, the design standards and required improvements in chapter 44 may be modified or waived upon recommendation by the plan commission and approval by the common council where strict compliance may result in not achieving the design flexibility necessary to achieve the objectives of the planned development.

(Code 1997, § 17.82; Rep. and Recr. #411)

Failure to comply with the conditions and restrictions as herein established and specifically made applicable to a specific planned development shall be cause for termination of the approval for such project. At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charges of noncompliance. If the plan commission finds the charges substantiated, they may recommend such termination of the project approval if the situation is not satisfactorily adjusted within a specified period.

(Code 1997, § 17.83; Rep. and Recr. #411)