Monona City Zoning Code
ARTICLE VI
Planned Community Developments
§ 480-34 Intent and purpose.
The intent of this article is to encourage and promote improved environmental design in the development of land by allowing greater freedom and flexibility than is possible under the precise and rigid requirements of conventional zoning districts, through the use of objective standards establishing goals and criteria for judgment rather than the application of a fixed formula. To this intent it allows diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects, while still requiring substantial compliance to the general plan for community development. It is further intended to encourage more imaginative site planning, to assist in achieving more rational and economic development with relationship to public services, to permit optimum development of land and to encourage and facilitate the conservation of open land and other natural features such as woods, streams, wetlands, etc., as integral components of a balanced ecology. It is expected that the planned community development tool will be used to provide comprehensive mixed-use developments within the community design districts.
§ 480-35 Minimum planned community development area.
To qualify for consideration as a planned community development, the site shall be of sufficient size in relation to the proposed uses to justify the application of the special regulations set forth in this article and shall be under the single or unified ownership of the applicant.
§ 480-36 Permitted uses.
In a planned community development, any use may be permitted, subject to the standards as herein set forth, provided no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as set forth.
§ 480-37 Standards.
A.
General. As a basis for determining the acceptability of a planned proposal, consideration shall be given as to whether or not it is consistent with the spirit and intent of the purposes of this section, has been prepared with competent professional advice and guidance in terms of planning, architecture and engineering, and produces significant benefits in terms of improved environment design.
B.
Height and area. Specific lot size, density, open space, building location, height, size, floor area, yard, parking and other such requirements shall be based upon determination as to their appropriateness to the uses or structures as they relate to the total environmental concept of the planned development and consistent with the criteria set forth in this chapter and with those generally accepted basic standards necessary to ensure the protection of the public health, safety and welfare.
C.
Parking. Off-street parking facilities shall be provided consistent with the uses proposed in the development.
D.
Design standards. Engineering and subdivision design standards relative to street type, location and width, sidewalks, streetlighting, storm drainage, lot arrangement or other elements of site design shall be based upon determination as the appropriate standards necessary to effectively implement the specific function in the specific situation and as it relates to the total plan concept; and consistent with the necessity for compatibility with the existing pattern in areas peripheral to the development. In no case shall minimal construction standards be less than those necessary to protect the public health, safety and welfare. To this intent, the subdivision control ordinance may be waived where deemed appropriate in the case of a planned community development.
E.
Intensity and character of land use. In a planned community development, the suitability of the type and character of uses proposed and their intensity and arrangement on the site shall be based upon the following standards:
(1)
Compatibility to the physical nature of the site, with particular concern for conservation of natural features such as tree growth, streams, wetlands, geological features, natural resources, etc.; for suitability of soils for the uses proposed; for preservation of open space; for careful shaping of terrain to minimize scarring, ensure suitable drainage and for preservation of natural terrain wherever appropriate.
(2)
Achievement of an attractive environment appropriate to the uses proposed and compatible with existing development in the surrounding area and with official development plans for the area, with particular concern for preservation of ecologic and economic balance.
(3)
Capacity to be effectively serviced without creating a demand for schools, sanitary sewer, water, stormwater drainage, recreational areas, highways or other public services substantially in conflict with that anticipated by the appropriate jurisdictional plans for such services or which could not be provided without adverse effect upon the jurisdictional area involved.
(4)
Adequate provision for the practical functioning of the development in terms of circulation, parking, emergency services, mail and delivery service, street maintenance and utility service.
(5)
Adequate provision for appropriate sites for schools, parks, highways and other public facilities serving the proposed development.
F.
Common open space, park or other amenities.
(1)
In a planned community development, consideration shall be given to the preservation of open space and other natural features such as woods, streams, wetland, etc., as common open space, parkland or other amenity area serving the recreational and aesthetic needs of the people in the development, the need created for such area by the development, and the suitability or potential of the area for such use.
(2)
Such areas may include landscaped or naturalistic grounds, water bodies or specific recreational activity facilities and shall be of such size, shape, character and location as makes them a practical recreational amenity to the residents of the development or a contribution to the environmental quality of the development.
(3)
Adequate provision shall be made for the establishment, permanent preservation and maintenance of such common open space, parkland or amenity areas either by private reservation or dedication to the public.
(a)
Dedication shall not be mandatory, but where public ownership is desired, reservation for such purpose may be required.
(b)
In the case of private open space reservation, the open area to be reserved shall be protected against building development by conveying to the City, as part of the conditions for project approval, an open space easement over such open areas, restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the development. Buildings or uses for recreational, cultural or other purposes compatible with the open space objective may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Commission following approval of building, site and operational plans.
(c)
The care and maintenance of private open space reservations or amenity areas shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the conditions of approval and in the title to each property.
(d)
Ownership and tax liability of private open space reservation or amenity areas shall be established in a manner acceptable to the City and made a part of the conditions of the plan approved.
G.
Economic feasibility and impact. In order to minimize the possibility of adverse effect resulting from failure to implement an approved project or from the economic impact of its development upon the community, the proponents of a planned development shall provide satisfactory evidence of their economic feasibility to finance the project and that the economic prosperity of the area or the values of surrounding properties would not be adversely affected as compared to the impact of development which might reasonably have been anticipated under the zoning in effect at the time the planned development was proposed.
H.
Implementation schedule. The proponents of a planned community development district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Council. The schedule shall include suitable provisions to assure that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.
I.
Enforceability. Such requirements as are made a part of an approved precise development plan shall be, along with the plan itself, construed to be enforced as a part of this chapter.
§ 480-38 Procedures.
A.
Generally. The procedure for a planned community development shall be as required for any other zoning permit application under this chapter.
B.
Preapplication conference. Prior to the submittal of a formal application for approval of a planned community development, the applicant shall meet with the Commission for an informal discussion of the proposed development in order to provide the basis for proper submittal and processing.
C.
Application.
(1)
The submittal for approval of a planned community development shall be in the form of a general development plan and a precise implementation plan. The application may be for a preliminary approval of a general development plan, followed by the submittal, in whole or part, of final detail plans for approval as a precise implementation plan or for a combined general development plan.
(2)
The application for a general development plan, a general development plan with a precise implementation plan, or a precise implementation plan shall be submitted in triplicate to the City Clerk, who shall transmit it directly to the Commission for processing.
D.
General development plan.
(1)
The application for approval of a general development plan is intended to provide sufficient definition of the proposed development to make possible a determination as to its basic acceptability in terms of its character; its use pattern; its intensity of use; its economic, environmental and service impact; and such other factors as would be pertinent to such basic decision prior to the preparation of detailed engineering, architectural and landscape architectural plans.
(2)
The Plan Commission shall hold a public hearing for the purpose of collecting public input on the general development plan. The Commission shall provide a Class I notice in the official newspaper and shall also give at least 10 days' written notice of the proposed plan and the time and place of the hearing at which any proposed change will be considered to the owner of any lot or parcel of land immediately adjacent, contiguous or separated only by a public right-of-way.
E.
Referral. Within 60 days after completion of the filing of the petition for approval of a general development plan, the Commission shall forward the petition to the Common Council with a recommendation that the plan be approved as submitted, approved with modification, or disapproved. Such report shall include findings of fact specifying the reasons for the Commission's recommendation.
F.
Common Council action. Within 30 days following receipt of the report of the Commission, the Council shall approve the recommendation, approve the recommendation with modifications, disapprove the recommendation, or refer the matter back to the Commission for further consideration. In the case of approval or approval with modification, the Council shall approve the general development plan and may impose such conditions as it deems necessary to ensure that the development shall establish the basic right of use for the area in conformity with the plan as approved but shall be conditioned upon approval by a precise implementation plan and shall not make permissible any of the uses as proposed until a precise implementation plan is submitted and approved for all or a portion of the general development plan.
G.
Precise implementation plan. A precise plan for implementation of all or part of a proposed planned community development district may be submitted concurrently with a general development plan or within a reasonable period of time as determined by the Council. If a precise implementation plan, which the Council determines to be a reasonable phase of the total plan, has not been submitted within such time, the Council may revoke the approval of the general development plan. The precise implementation plan shall present in greater detail the information given approximately in the general development plan. The precise implementation plan shall include detailed construction and engineering plans and related detailed documents and schedules.
H.
Public hearing. Whenever the precise implementation plan is submitted, the Commission shall hold a public hearing for the purpose of collecting public input on the precise implementation plan. The Commission shall provide a Class I notice in the official newspaper and shall also give at least 10 days' written notice of the proposed precise implementation plan and the time and place of the hearing at which the precise implementation plan will be considered to the owner of any lot or parcel of land immediately adjacent, contiguous or separated only by a public right-of-way. A precise implementation plan submitted for approval shall be deemed to conform substantially to the general development plan approved, provided any modification therein, including any modification in location, design and number of buildings, roadways and utilities, does not:
(1)
Change the concept or intent of the preliminary plan approved; or
(2)
Increase the gross residential density or intensity of use by more than 10%; or
(3)
Reduce the area set aside for community open space by more than 10% or in any case below that required for a minimum; or
(4)
Increase by more than 10% the floor area for nonresidential use; or
(5)
Increase by more than 5% the total ground area covered by buildings or structures.
I.
Referral. Within 30 days after completion of the filing for approval of the precise implementation plan, the Commission shall forward the petition to the Common Council with a recommendation that the precise implementation plan be approved as submitted, approved with modifications, or disapproved. Such report shall include findings of fact specifying the reasons for the Commission's recommendations.
J.
Common Council action. Within 30 days following receipt of the report of the Commission, the Council shall approve the recommendation, approve the recommendation with modifications, disapprove the recommendation, or refer the matter back to the Commission for further consideration. In the case of approval or approval with modification, the Council shall approve the precise implementation plan and may impose such conditions as it deems necessary to ensure that the precise implementation plan conforms with and implements the previously approved general development plan.
K.
Recording. In the event of approval of the precise implementation plan, the building site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the City offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time as determined by the Council in the County Register of Deeds office. This shall be accomplished prior to the issuance of any building permit.
L.
Changes. If the precise implementation plan submitted does not conform substantially to the general development plan previously approved, or if the applicant desires to amend substantially a development therein, amendments thereto may be approved only by following the procedure for original approval. No changes in the precise implementation plan approved hereunder shall be considered to waive any of the covenants or agreements limiting the use of land, buildings, structures and improvements within the planned community development unless specifically stated.
M.
Extension or revocation. If no substantial construction has begun in the planned community development within two years after the approval by the Council of a precise implementation plan, the general development plan shall be subject to revocation upon written notice to the applicant from the City. The City may grant extensions of such period. In the event of revocation hereunder, an appropriate instrument of revocation shall be filed in the County Register of Deeds office.
N.
Additions. Land contiguous to an existing planned community development may be added to such planned community development, provided such land is made a part of the original development plan in all respects prior to its incorporation into such plan by an amendment of the development plan as provided in Subsection L.