Marinette City Zoning Code
ARTICLE XXV
PDO Planned Development Overlay District
§ 465-199 Purpose.
The PDO Planned Development Overlay District is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PDO District under this chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the land use density and other standards or use requirements set forth in the underlying basic zoning district. The unified and planned development of a site in single or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Ch. 703, Wis. Stats., (condominiums) may be permitted by the City upon specific petition under this article of the chapter and after public hearing, with such development encompassing one or more principal uses or structures and related accessory uses or structures when all regulations and standards as set forth in this article of the chapter have been met.
§ 465-200 Permitted uses.
Uses permitted in a planned development overlay district shall conform to uses generally permitted in the underlying basic use district. Individual structures shall comply with the specific building area and height requirements of the underlying basic use district. All open space and parking requirements of the underlying basic use district shall be complied with either individually or by providing the combined open space and parking space required for the entire development in one or more locations within the development.
§ 465-201 Minimum area requirements.
A.
Areas designated as planned development overlay districts shall be under single or corporate ownership or control and shall contain a minimum development area of:
Principal Uses | Minimum Area of PDO |
|---|---|
Residential PDO | 5 acres |
Commercial PDO | 3 acres |
Industrial PDO | 20 acres |
§ 465-202 Procedural requirements.
A.
Pre-petition conference. Prior to the official submission of the petition for the approval of a planned development overlay district, the owner or their agent making such petition shall meet with the Plan Commission or its staff to discuss the scope and proposed nature of the contemplated development.
B.
Petition and fee. Following the pre-petition conference, the owner or their agent may file a petition with the Building Inspector for approval of a planned development overlay district. Such petition shall be accompanied by a review fee, as required by the Common Council, and the following information:
(1)
A statement which sets forth the relationship of the proposed PDO to the City's adopted Comprehensive Plan, or any adopted component thereof, and the general character of and the uses to be included in the proposed PDO, including the following information:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2)
Total area to be included in the PDO, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
(3)
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
(4)
A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purpose of providing any necessary private services.
(5)
Any proposed departures from the standards of development as set forth in the City zoning regulations, other City regulations or administrative rules, or other universal guidelines.
(6)
The expected date of commencement of physical development as set forth in the proposal.
(7)
A general development plan, including:
(a)
A legal description of the boundaries of the subject property included in the proposed PDO and its relationship to surrounding properties.
(b)
The location of public and private roads, driveways, and parking facilities.
(c)
The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.
(d)
The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.
(e)
The type, size, and location of all structures.
(f)
General landscape treatment.
(g)
Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of proposed structures.
(h)
The existing and proposed location of public sanitary sewer and water supply facilities.
(i)
The existing and proposed location of all private utilities or other easements.
(j)
Characteristics of soils related to contemplated specific uses.
(k)
Existing topography on the site with contours at no greater than two-foot intervals.
(l)
Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
(m)
Additional information as may be reasonably requested by the Plan Commission or Common Council.
(8)
Referral to Plan Commission. The petition for a planned development overlay district shall be referred to the Marinette Plan Commission for its review and recommendation, including any additional conditions or restrictions which it may deem necessary or appropriate.
(9)
Public hearing. The Marinette Plan Commission shall hold a public hearing pursuant to the requirements of this chapter. Notice for such hearing shall include reference to the development plans filed in conjunction with the requested planned development overlay district. As soon as is practical following the hearing, the Marinette Plan Commission shall report its findings and recommendations to the Common Council.
§ 465-203 Basis for approval of petition.
The Marinette Plan Commission in making its recommendation and the Common Council in making its determination shall consider:
A.
That the petitioners for the proposed planned development overlay district have indicated that they intend to begin the physical development of the PDO within nine months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the City.
B.
That the proposed planned development overlay district is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter; is in conformity with the adopted Comprehensive Plan or any adopted component thereof; and that the development would not be contrary to the general welfare and economic prosperity of the community.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C.
The Marinette Plan Commission in making its recommendations and the Common Council in making its determination shall further find that:
(1)
The proposed site shall be provided with adequate drainage facilities for surface water and stormwaters.
(2)
The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.
(3)
No undue constraint or burden will be imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.
(4)
The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development and shall meet the minimum standards of all applicable ordinances or administrative regulations of the City.
(5)
Public water and sewer facilities shall be provided.
(6)
The entire tract or parcel of land to be included in a planned development overlay district shall be held under single ownership, or if there is more than one owner, the petition for such planned development overlay district shall be considered as one tract, lot or parcel, and the legal description must define said PDO as a single parcel, lot or tract and be so recorded with the Register of Deeds for Marinette County.
D.
That in the case of a proposed residential planned development overlay district:
(1)
Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.
(2)
The total net residential density within the planned development overlay district will be compatible with the City's Comprehensive Plan or a component thereof.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(3)
Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.
(4)
Adequate continuing fire and police protection is available.
(5)
The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
(6)
Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.
E.
That in the case of a proposed commercial planned development overlay district:
(1)
The proposed development will be adequately served by off-street parking and truck service facilities.
(2)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.
(3)
The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
(4)
The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
F.
That in the case of a proposed industrial planned development overlay district:
(1)
The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.
(2)
The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
(3)
The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately serviced by rail and/or arterial highway facilities.
(4)
The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
§ 465-204 Determination.
The Common Council, after due consideration, may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. The approval of a planned development overlay district shall be based upon, and include as conditions thereto, the building, site and operational plans for the development as approved by the Common Council.
§ 465-205 Changes and additions.
Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Marinette Plan Commission, and if, in the opinion of the Marinette Plan Commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Marinette Plan Commission shall be required and notice thereof be given pursuant to the provisions of the chapter, and said proposed alterations shall be submitted to the Common Council for approval.
§ 465-206 Subsequent land division.
The division of any land or lands within a planned development overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the City, and when such division is contemplated a preliminary plat of the lands to be divided shall accompany the petition for PDO approval.