(a)

Purpose. Planned unit developments are permitted in order to encourage and provide a means of effectuating desirable development and to promote improved environmental design by allowing for greater freedom, imagination, and flexibility in the development of land while ensuring substantial compliance to the basic intent of the zoning ordinance and comprehensive plan. It is further intended to encourage more economical and efficient development of land with relationship to public services and to facilitate preservation of open land.

(1)

Residential planned unit development. A residential planned unit development is created to offer:

a.

Recreational opportunities close to home;

b.

A sense of spaciousness through the preservation of natural green spaces to counteract the effects of urban monotony and congestion in the streets;

c.

Cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts;

d.

Compatible architecture between adjoining dwellings or institutional buildings;

e.

Placement of structures in proper relationship to the natural characteristics of the site.

(2)

Business or office/residence planned unit developments. A business or office/residence planned unit development is created to offer:

a.

Adequate off-street parking;

b.

Controlled access points on heavily traveled streets;

c.

Separation of pedestrian and automobile traffic;

d.

Stabilizing of property values;

e.

Centers of size and location compatible with the market potential;

f.

Buffering of adjoining residential areas with landscaped green spaces and encouragement of harmonious architecture between adjoining commercial and office structures and between dwellings and commercial and office structures.

(3)

Industrial planned unit development. An industrial planned unit development is created:

a.

To promote the establishment of industrial parks;

b.

To permit groups of industrial buildings with integrated design and a coordinated physical plan;

c.

To buffer adjoining residential areas with landscaped green areas.

(4)

Traditional neighborhood planned unit development. Pursuant to Wis. Stats. § 66.1027(2) and a document entitled as "A Model Ordinance for Traditional Neighborhood Development," dated December, 2000, and published by the University of Wisconsin Extension, a traditional neighborhood planned unit development is created:

a.

To form and encourage compact, mixed-use neighborhoods;

b.

To include residential, commercial or civic buildings (including parks and open space) in close proximity to each other;

c.

To promote pedestrian scale development;

d.

To provide and encourage multiple modes of circulation, including vehicular, bicycle and pedestrian traffic;

e.

To address environmentally sensitive areas and adapt development to be harmonious with such land.

(b)

Procedure and application.

(1)

Preapplication conference. Each applicant shall first confer with the City Planner and interested department heads in connection with the preparation of the planned unit development application. It shall be the City Planner's responsibility to contact affected department heads for the joint meeting. The applicant shall produce general outlines of the proposal. The City Planner shall assist the applicant prior to preparing the preliminary planned unit development and rezoning application, if necessary.

(2)

Preliminary development plan.

a.

Site plan review. Upon application for approval of the preliminary development plan, the City Planner shall first refer the application to the Site Plan Review Coordinator accompanied by one scaled print of site plans, the preliminary subdivision plat or a certified survey map, and other documents as required in Section 42-273 and in Subsection (b)(2)b of this section. The Site Plan Review Coordinator, shall within 15 days of receipt of such application, make recommendations to the applicant and to the Plan Commission.

b.

Plan Commission review. Upon receiving the recommendation of the Site Plan Review Coordinator, the applicant shall submit five scaled copies and one reproducible reduction of the preliminary development plan and surveys and other documents required by this chapter to the City Plan Commission for its consideration.

1.

Maps required. Any preliminary development plan and text agreement shall be prepared and endorsed by a qualified urban planner, registered professional engineer, or registered architect and shall include required information presented in a general schematic fashion on a topographic map with a scale of at least one inch equals 50 feet.

2.

The map shall include the following:

(i)

Proposed land uses, dwelling densities, population densities, parcel size, building intensities, green area and off-street parking;

(ii)

Proposed circulation patterns indicating both public and private streets, walkways, and curb and gutter;

(iii)

A general landscaping and grading plan;

(iv)

Delineation of the units to be constructed in progression if any;

(v)

Relation to future land uses in surrounding areas and to the land use plan;

(vi)

Evidence that the proposal is in conformance with the general plan of the City;

(vii)

Evidence that existing and proposed utilities are adequate;

(viii)

Evidence that the street patterns are sufficient to support the projected traffic generation for the site and surrounding streets;

(ix)

Proposed zoning districts and legal description for each zoning classification;

(x)

Examples of the architectural styles to be used throughout the development.

c.

Plan Commission approval. The Plan Commission shall, after holding a public hearing in accord with provisions of Section 42-271, map amendments (if necessary), and Section 42-272, conditional uses, either approve, conditionally approve, or reject the preliminary plan application. If rejected, the applicant may request, and the secretary of the Plan Commission shall provide in writing, the reasons for rejection. If the application is approved, the Plan Commission shall make findings that:

1.

The surrounding area can be compatibly planned and zoned;

2.

The PUD is in conformance with the general plan of the City; and

3.

The existing and proposed utilities are adequate.

Approval or conditional approval of the preliminary development plan and map amendment (if necessary) by the Plan Commission shall entitle the applicant to prepare the final development plan in accord with the conditions of approval of the preliminary development plan. Where the Plan Commission has approved a preliminary development plan, such approval shall become null and void if the final development plan has not been submitted within 12 months of the date of the Plan Commission's action. At its discretion, and for good cause, the Plan Commission may extend the approval period no more than six months. If a map amendment is necessary, the City Council must approve the amendment before a final development plan is submitted.

(3)

Final development plan. Upon approval of the preliminary development plan by the Plan Commission, and if necessary, the map amendment by the City Council, the applicant may apply to the Plan Commission for approval of the final development plan by submitting an application for a conditional use permit for a planned unit development accompanied by the required fee and by filing with the City Planner the following items:

a.

Survey required. Six scaled prints and one reproducible reduction of the final plat or certified survey map of the boundary of the planned unit development shall be submitted.

b.

Text agreement. A text agreement shall accompany the final development plans. The agreement shall describe the responsibilities and services of the owner/developer as it relates to maintenance and construction of the planned unit development. Such agreement shall be recorded with the final development plans.

c.

Final development plans. Six scaled prints and one reproducible reduction of the final development and one reproducible reduction of the final development plan and titled on each sheet as such and drawn to a scale of at least one inch equals 50 feet showing:

1.

Existing features map. A map that depicts existing features of the property, including specimen trees, streams, rock formations, structures, streets, easements, sewers, utilities, walkways, and curb and gutter;

2.

Site plan. A map that depicts the location and proposed sites of all structures, roads, parking lots and driveways, loading or service areas, walkways, curb and gutter, and a table giving a breakdown of areas of the site, green area, open space, number of dwelling units, density and a schedule of progression of phased construction;

3.

Landscaping plan. A map showing the proposed landscaping of the entire site, showing spacing, size and specific types of landscaping material and treatment of recreation areas, see also Section 42-274(d), environmental design;

4.

Grading plan. A map indicating existing and proposed contours drawn to a two-foot contour interval, see also Section 42-274(d), environmental design;

5.

Utilities plan. A map showing location and size of utility service lines for water, storm, and sanitary sewers, electrical, telephone, and cable television service;

6.

Zoning plan. For planned unit development incorporating modified development standards, multiple-family and/or neighborhood commercial zoning classification, a map showing the multiple-family and/or neighborhood commercial zoning boundaries, and proposed minimum development regulations shall be submitted;

7.

Architectural plan. Illustrations showing the specific architectural styles, including building elevations to be incorporated in the development. The type of materials proposed for each building shall also be provided.

d.

Approval of final development plan. Approval of final development plan and the text agreement shall be by the granting of a conditional use permit by the Plan Commission. If any dedication of land to the public is shown on the certified survey, which is part of the final development plan, such survey must first be approved by the City Council before the Plan Commission may grant the conditional use permit. Before the Plan Commission may grant the conditional use permit for any final plat, such plat must first be approved by the City Council.

e.

Recording of final development plan. The applicant shall record with the Register of Deeds of Rock County, Wisconsin, the certified survey or subdivision plat, deeding to the City those lands and easements shown on the survey or plat, if any; a statement that the land is to be developed as a planned unit development as approved by the Plan Commission of the City; the text agreement required in Section 42-274(b)(3)b; and the final development plan, including all the items required in Section 42-274(b)(3)c.

f.

Revocation and extension of permit. If no substantial construction has begun within 12 months from the approval of the PUD then without further action the conditional use permit shall become null and void. The permit holder may apply to the Plan Commission for an extension of this time requirement. In its discretion and for good cause, the Plan Commission may extend, for a reasonable time, not to exceed one year, the period for the beginning of construction. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map and the Building Division Director shall file a notice of revocation with the recorded final development plan. The City Council may rezone the property back to its original zoning classification. The zoning regulations applicable before the development was approved shall then be in effect.

g.

Amendments to the final development plan. Minor changes in the location, siting, height of buildings and structures may be authorized by the Site Plan Review Coordinator if required by engineering or other circumstances not foreseen at the time the final development plan was approved. Major changes such as changes of use, increased density, reduction of green area, open space, off-street parking or pavement widths may be authorized by the Plan Commission without an additional public hearing after a report of the planning staff and recommendation by the Site Plan Review Coordinator. Any changes in the final plan which are approved must be recorded as amendments in accordance with the procedures for recording the final development plan.

(c)

Design standards.

(1)

Parcel size. Planned unit developments shall be established on parcels of land which are suitable for and of sufficient size to allow for a mixture of housing types, adequate open spaces, appropriate recreational facilities, separate vehicular facilities, and pedestrian circulation systems. The contiguous land area of each PUD shall be at least two acres in size except that the Plan Commission may, at its discretion, reduce this requirement to one acre. For a traditional neighborhood planned unit development, the minimum area shall be at least 40 acres in size, except that the Plan Commission may at its determination, reduce this requirement to 20 acres if the site is defined by a significant physical feature including, but not limited to a greenbelt, large park space, woodland area, drainage creek, river or state or federal highway.

(2)

Green area.

a.

Green area for residential planned unit developments. The green area requirement for residential planned unit developments shall be the same as that required in the underlying zoning district. Such area shall be used for recreational, park or environmental amenity for collective enjoyment by occupants of the development, but shall not include buildings, public or private streets, off-street parking lots, or drives. However, up to 50 percent of the required green area may be composed of privately owned properties which shall be restricted either on the plat, final development plan, text agreement, or some other appropriate recordable agreement so as to ensure that the green area will be permanent. The requirements of this subsection may be reduced or waived by the Plan Commission for redevelopment programs.

1.

Dimension. Green area must exist in quantities of not less than 6,000 square feet in area nor less than 50 feet in its smallest dimension.

2.

Location. Green area shall be reasonably accessible to all the residents of the planned unit development and shall be distributed equitably throughout the project in relation to the dwelling units of the people they are intended to serve. Large open spaces may be enhanced by walkway systems linking them to one another.

b.

Green area for business, office/residence or industrial planned unit developments.

1.

Area. Not less than 20 percent of the lot area shall be permanently placed in green area. Green area includes landscaping such as grass, shrubs, bushes, rock gardens, trees, flowers (including the pedestrian mall of a shopping center). Such green area shall be permanently set aside, planted and maintained and not encroached upon.

2.

Buffer screen planting. A buffer screen planting shall be provided as required in Section 42-442(a)(9) or 42-443(a)(6), as appropriate.

(3)

Density and uses.

a.

Permitted uses. Any use or conditional use permitted in the underlying zoning district in which the planned unit development is proposed to be located may be permitted within a planned unit development by means of an approved conditional use permit.

b.

Density. Lots within a PUD may be permitted a reduction in size or area to permit the clustering of dwelling units for an even exchange for common open spaces; however, the gross project density shall be no greater than permitted in the underlying zoning district regulations. For the purpose of computing the maximum density for a PUD, the minimum lot size requirements in the underlying zoning district, for the size and type of unit desired, shall be divided into the gross project area.

(4)

Building spacing and yard requirements. There shall be no minimum setback or lot coverage or lot width. Each structure shall be at least 16 feet from any adjoining structure. No building shall be located closer than 25 feet from the boundary of the PUD.

(5)

Design standards for traditional neighborhood planned unit developments. The design standards for traditional neighborhood planned developments shall follow the principles of a document identified as "A Model Ordinance for Traditional Neighborhood Development," dated December 2000, and published by the University of Wisconsin Extension pursuant to Wis. Stats. § 66.1027(2). Said document shall not be the exclusive guide for consultation regarding this type of development. City staff and the Plan Commission may consult other sources of information, including the City's Zoning and Infrastructure Standards for evaluating this type of development.

(d)

Environmental design. The location of trees must be considered when planning the green area, open space, location of buildings, underground services, walks, paved areas, playgrounds, parking areas and finished grades.

(1)

A general landscaping plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed landscaping plan at the time of submission of the final development plan showing the spacing sizes and specific types of landscaping material and treatment of recreational areas.

(2)

A general grading plan shall be required at the time of submission of the preliminary development plan to be followed by a detailed grading plan at the time of submission of the final development plan showing the earth-moving procedures and other changes to the landscape in order to preserve and prevent despoliation of the character of the area to be retained as green area.

(e)

Traffic circulation. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. The pedestrian circulation system shall be designed so as to be as completely separate as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement.

(f)

Private streets. Standards of design and construction for roadways within the planned unit development may be modified as is deemed appropriate by the Plan Commission after receiving a recommendation by the City Engineer.

(g)

Parking. The provisions of Section 42-360 pertaining to off-street parking shall apply to planned unit developments.

(Code 1976, § 18.24.060)