The Planned Unit Development District is established as a means to facilitate the development of land in an integrated and innovative fashion, to allow for flexibility in site design, and to encourage development that is sensitive to environmental, cultural, and economic considerations. Approval of a Planned Unit Development District shall result in the creation of an overlay to the base zoning district, with specific requirements and standards that are unique to the planned development.

(Code 1984, § 13.1901)

When reviewing requests for approval of a Planned Unit Development, the City shall consider whether the objectives listed below will be served or achieved. Planned Unit Developments should not be allowed simply for the purpose of increasing overall density or allowing development that otherwise could not be approved.

(1)

Accommodation of housing of all types with convenient access to commercial facilities.

(2)

Promotion of integrated land uses allowing for a mixture of residential, commercial, and public facilities along corridors and in transitional areas.

(3)

Innovation in land development techniques that may be more suitable for a given parcel than conventional approaches.

(4)

Preservation and enhancement of important environmental features through careful and sensitive placement of buildings and facilities.

(5)

Preservation of historic buildings, structures, or landscape features through adaptive re-use of public or private preservation of land.

(6)

Provision of more adequate, usable, and suitably located open space, recreational amenities, and other public facilities than would otherwise be provided under conventional land development techniques.

(7)

Coordination of architectural styles and building forms to achieve greater compatibility with surrounding land uses.

(8)

Creation of more efficient provision of public utilities and services, lessened demand on transportation, and the promotion of energy resource conservation.

(Code 1984, § 13.1902)

(a)

In general.

(1)

A Planned Unit Development shall comply with all standards, procedures, and regulations of this article that are applicable to the individual uses within the development and to the site plan review standards in Article XIX of this chapter, Site Plan Review, except as otherwise provided in this chapter.

(2)

Platting requirement. All land within a Planned Unit Development shall be platted into one or more lots in compliance with the requirements of the subdivision and platting regulations. The development plan for the Planned Unit Development shall include the necessary information to serve as a preliminary plat for the development.

(b)

Permitted uses. The PUD shall identify all proposed land uses, and those uses shall become permitted uses upon the approval of the Planned Unit Development by the Common Council.

(1)

Placement of structures. More than one principal building may be placed on a platted lot within a Planned Unit Development. The appearance and compatibility of buildings in relation to one another, other site elements, and surrounding development shall be considered in the review process.

(2)

Floor area and height. The PUD may provide for an increase in the maximum gross floor area, floor area ratio, and/or maximum building height allowed in the base zoning district for the purpose of promoting project integration and additional site amenities.

(3)

Building setbacks. The PUD may provide for a reduction in or elimination of required setbacks in the base zoning district, provided that a landscaped setback area of the minimum width established for the base zoning district is maintained along the periphery of the PUD.

(4)

Lot requirements. The Common Council may authorize reductions in the area and width of individual lots within a PUD from that required for the base zoning district, provided that such reductions are compensated for by an equivalent amount of open space elsewhere in the Planned Unit Development. Such open space shall not include areas designated as public or private streets. The plan may increase the maximum density beyond that permitted in the base zoning district for the purpose of promoting an integrated project with a variety of housing types and additional site amenities.

(5)

Open space. For all PUDs, at least 20 percent of the project area not within street rights-of-way shall be preserved as protected open space. Such open space must be available to the residents, tenants, or customers of the PUD for recreational purposes or similar benefit. Land reserved for stormwater detention facilities and other required site improvements shall not be applied to this requirement. Open space shall be designed to meet the needs of residents of the PUD and the surrounding neighborhoods to the extent practicable for parks, playgrounds, playing fields, and other recreational facilities.

(6)

Street layout. The PUD should maintain the existing street grid where present and restore the street grid where it has been disrupted. In newly developing areas, streets shall be designed to maximize connectivity in each cardinal direction, except where environmental or physical constraints make this infeasible. All streets shall terminate at other streets, at public land, or at an environmentally sensitive area as defined by Brown County, except that local streets may terminate in stub streets when those will be connected to other streets in future phases of the development or adjacent developments.

(7)

Other exceptions. As part of PUD approval, the Common Council is authorized to approve other exceptions to the zoning controls applicable to the base zoning district. Such exceptions shall only be granted when they are clearly warranted to achieve the objectives identified in Section 44-2024.

(Code 1984, § 13.1903)

Any person having a legal or equitable interest in a property may file a development plan application for a Planned Unit Development. The application shall be filed with the Planning Department on an approved form and with a preliminary plan, as described in Section 44-2027.

(Code 1984, § 13.1904)

Upon application of a PUD, the developer of a Planned Unit Development project shall meet with the Planning Department staff to review a preliminary plan for the project prior to submittal of a final development plan for approval. Statements made at the consultation are not legally binding. The meeting is intended to ensure that the developer is aware of the community's standards and policies for the Planned Unit Development. The preliminary plan shall be legibly drawn to a scale of not less than one inch equals 200 feet and shall include the following minimum information:

(1)

Name and address of the recorded owner of development.

(2)

Name of developer if different from owner.

(3)

Name of individual responsible for preparation of the preliminary plan.

(4)

North arrow, graphic scale, and the date of the drawing.

(5)

Tract boundaries and a statement of the total acreage of the tract.

(6)

Significant physical features within the tract, including existing two-foot contours, watercourses, ponds, lakes, and wetlands and proposed changes in those features.

(7)

All contemplated land uses within the tract.

(8)

An indicator of the contemplated intensity of use, i.e., gross floor area and number of prospective tenants in office, commercial, and recreational development and gross density in residential development.

(9)

Existing buildings that may affect the proposed development and proposed location of all principal structures and associated parking areas.

(10)

Proposed circulation systems (pedestrian, bicycle, auto, transit) by type and how they relate to the existing network outside this site.

(11)

Existing rights-of-way and easements which may affect the PUD project.

(12)

In the case of plans which call for development in phases, a map at an appropriate scale showing the phases of development.

(13)

Any other documents and supporting information deemed necessary by the Planning Department staff.

(Code 1984, § 13.1905)

(a)

Planning staff shall review the preliminary plan to determine whether the plan adequately achieves the following objectives:

(1)

Adequate property controls are established to protect the individual owner's rights and property values and to define legal responsibilities for maintenance and upkeep.

(2)

The internal circulation plan and access points to surrounding streets are adequate for the safety and convenience of the project residents and the general public.

(3)

A sufficient amount of usable open space is provided.

(4)

The architectural design of the project is compatible with the surrounding area.

(5)

The project will not place a burden on existing municipal infrastructure, including utility and drainage systems.

(6)

The development schedule ensures a logical development of the site, protecting the interests of project residents and the general public.

(7)

The Planned Unit Development is in reasonable compliance with the intent and purpose of the comprehensive plan.

(8)

Other health, safety, and welfare considerations as deemed appropriate by Planning staff.

(b)

The preliminary plan may be submitted for review by other departments, agencies, or third parties as may be deemed necessary by Planning staff. Such departments, agencies, or third parties may include Department of Public Works, school districts, public utilities, or adjacent landowners.

(c)

Planning staff shall compile a list of recommended or required revisions that shall be incorporated in the final development plan.

(Code 1984, § 13.1906)

(a)

In general. The applicant shall revise the preliminary plan as provided in Section 44-2027 and submit a final plan for approval by the Plan Commission and Common Council. The final application shall include a narrative statement, site plan, building plans and elevations, applicable fee as provided in the City Fee Schedule, and any other information requested by the Planning Department, the Plan Commission, or Common Council. The final application shall include two full copies of all plans plus two 11-inch by 17-inch copies of all plans.

(b)

Narrative statement. A written narrative of the proposed development indicating the following information in a format to be provided by the Planning Department:

(1)

Evidence that the applicant has sufficient property control to carry out the Planned Unit Development project.

(2)

How the proposed development meets the identified objectives of this chapter.

(3)

Development schedule showing the timing and phasing of the proposed development.

(4)

A summary of the total number of units of each residential use, the acreage devoted to all land uses, and the overall net density of the development.

(5)

A summary of the use, height, and gross floor area of all buildings.

(6)

Architectural design standards that will be implemented as part of the development.

(7)

The anticipated market which the development is intended to serve.

(8)

The form of ownership and maintenance of all common open space, recreational facilities, and other common areas intended for the exclusive use of the residence.

(9)

List of proposed protective covenants, easements, or restrictions to be imposed to protect open space and other identified resources.

(10)

Any variances, modifications, or waivers requested from the development standards of this chapter and the reasons for the request.

(c)

Site plan information and contents. The site plan submitted in support of a development plan shall include the following information, unless specifically waived by the Zoning Administrator prior to submittal:

(1)

All information provided in the preliminary plan.

(2)

Name of proposed development. Names shall not duplicate nor too closely resemble names of existing subdivisions or developments.

(3)

Location of boundary lines in relation to known section, quarter-section, or quarter-quarter-section lines comprising a legal description of the property.

(4)

Natural drainage patterns and water resources, including wetland, floodplains, streams, drainage swales, ponds, and lakes and proposed changes to these.

(5)

Proposed lot coverage of buildings and structures.

(6)

Approximate gross and net floor areas by use.

(7)

Architectural renderings and elevations of structures and improvements.

(8)

Specifications of structural finish materials.

(9)

Total amount of open space, both improved and unimproved.

(10)

All existing streets, including streets reserved on the Official Map or adjoining the site, including names, right-of-way widths, and pavement width.

(11)

Proposed circulation systems by type and the proposed width of rights-of-way and pavement width.

(12)

All existing sanitary and storm sewers, water lines, fire hydrants, utility transmission lines, bridges, railroads, etc., within the project boundaries.

(13)

A description of the proposed system for drainage, water supply, sewage disposal, and power and communication lines.

(14)

Location, width, and purpose of existing easements and utility rights-of-way within the PUD.

(15)

Proposed covenants, grants of easements, or other restrictions to be imposed upon the use of land and structures.

(16)

In the case of plans which call for development in stages, a map at an appropriate scale showing the successive phases and a schedule of time within which applications for final approval of all parts of the development are intended to be filled.

(17)

A general landscaping plan, as required by Article XIX of this chapter, Site Plan Review.

(Code 1984, § 13.1907)

The Plan Commission shall review each complete application for a Planned Unit Development and may suspend the rules to hear from the developer or any other interested party. The Plan Commission shall make a recommendation for approval, conditions for approval, or denial of the PUD to the Common Council.

(Code 1984, § 13.1908)

(a)

The Common Council shall make the final decision regarding all applications for Planned Unit Development approval. Upon approval of the development plan, the official zoning map shall be amended to designate the property as a PUD overlay district.

(b)

Established conditions of approval. The Common Council may establish any reasonable conditions of approval they determine are necessary to mitigate adverse impacts of the development, to protect neighboring properties, and to achieve the objectives of this chapter.

(Code 1984, § 13.1909)

Phasing of a Planned Unit Development shall be permitted, provided that each individual phase is designed and developed to exist as an independent unit and that the construction and improvement of common open space and site amenities shown on the development plan proceeds at the same rate as the construction of dwellings and other permitted land uses. Any violation of this provision shall authorize the Common Council to hold a public hearing to review the status of the Planned Unit Development and impose any remedies it deems appropriate, including, but not limited to, revocation of permits, issuance of construction orders, or issuance of citations for failure to comply with such orders.

(Code 1984, § 13.1910)

The Planned Unit Development shall remain valid for a period of five years from the date of approval, unless a longer time-period has been agreed to by the Council. If construction has not commenced during this period, the Planned Unit Development shall be considered void and the overlay designation removed, unless a petition for a time extension has been granted by the Council. Any extension requests shall be submitted in writing to the Common Council at least 30 days prior to expiration of the approval and shall describe reasons for the delay in construction of the project.

(Code 1984, § 13.1911; Ord. No. 12-18, § 1, 7-17-2018)

The City shall withhold approval of any final plat, site plan, or building permit required for a Planned Unit Development if the proposal is inconsistent with the development plan as approved, except as provided below:

(1)

Minor revisions. Minor changes may be authorized by the Community Development Review Team if required by engineering or other circumstances not foreseen at the time the development plan was approved. Changes are minor if the change does not cause:

a.

A change in the use or character of the development.

b.

An increase in overall coverage of structures.

c.

An increase in the intensity of use.

d.

An increase in the problems of traffic circulation and public utilities.

e.

A reduction in approved open space.

f.

A reduction of off-street parking/loading spaces.

g.

A reduction in required pavement widths.

(2)

Major revisions. All changes that are not minor shall require an amendment or repeal of the original PUD and approval of a revised development plan, in accordance with this chapter.

(Code 1984, § 13.1912)