Nekoosa City Zoning Code
§ 17.261
Planned unit development PUD conditional uses.
[Added 7-12-2022 by Ord. No. 617]
(1)
Intent.
(a)
The planned unit development conditional use is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures 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 planned unit development under this section 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 as set forth in the underlying basic zoning district.
(b)
The unified and planned development of a site in a single, partnership or corporate ownership or control or in common ownership under the Unit Ownership Act set forth in Chapter 703 Condominiums of the Wisconsin Statutes, may be permitted by the City upon specific petition under Subsection (7)(b) of this section 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 section have been met.
(2)
Types of planned unit developments. This section contemplates that there may be residential, commercial, industrial, planned unit developments and mixed compatible use developments.
(3)
General requirements for planned unit developments. A planned unit development shall be consistent in all respects to the expressed intent of this section and to the spirit and intent of this chapter; shall be in conformity with the adopted comprehensive plan, any project plan for any applicable Tax Increment Financing District, any applicable neighborhood plan or any adopted component thereof, and/or any other applicable plan; and shall not be contrary to the general welfare and economic prosperity of the community.
(4)
Physical requirements for planned unit developments.
(a)
Minimum area requirements. Areas designated as planned unit developments shall contain a minimum development area as follows:
Principal Uses | Minimum Area of PUD |
|---|---|
Residential PUD | 3 Acres |
Commercial PUD | 5 Acres |
Industrial PUD | 5 Acres |
Mixed Compatible Use | 10 Acres |
(b)
Density requirements (lot area, width and yard requirements). The district area, width and yard requirements of the basic use district may be modified; however, in no case shall the average density in a residential district exceed the number of dwelling units that would have been permitted if the planned unit development regulations had not been utilized
(d)
Single parcel, lot or tract. The planned unit development shall be considered as one tract, lot or parcel, and the legal description must define said PUD as a single parcel, lot or tract and be so recorded with the County Register of Deeds.
(5)
Requirements as to public services and facilities.
(a)
The development site shall be provided with adequate drainage facilities for surface and stormwaters.
(b)
The site will be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the development.
(c)
No undue constraint or burden shall be imposed on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and storm drainage, and maintenance of public areas by the developments.
(d)
The streets and driveways on the site of the development shall be adequate to serve the residents of the development and, in the case of public dedicated streets, will meet the minimum standards of all applicable ordinances or administrative regulations of the City.
(e)
Public water and sewer facilities shall be provided.
(6)
Subsequent land division. The division of any land or lands within a planned unit development for the purpose of change or conveyance of ownership may be accomplished pursuant to the land division/subdivision regulations of the City when such division is contemplated.
(7)
Procedural requirements for planned unit developments.
(a)
Pre-petition conference. Prior to the official submission of the petition for the approval of a planned unit development, the owner or his agent making such petition shall meet with the Common Council or its staff to discuss the scope and proposed nature of the contemplated development.
(b)
Petition for approval. Following the pre-petition conference, the owner or his agent may file a petition with the City Clerk for approval of a planned unit development. Such petition shall be accompanied by a review fee to be set by the Common Council, but in any case of no less than $100, as well as incorporate the following information:
1.
Informational statement. A statement which sets forth the relationship of the proposed PUD to the City's adopted comprehensive plan, any project plan for any applicable Tax Increment Financing District, any applicable neighborhood plan or any adopted component thereof, and/or any other applicable plan, and the general character of and the uses to be included in the proposed PUD, including the following information:
a.
Total area to be included in the PUD, area of open space, residential density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.
b.
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
c.
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.
d.
Any proposed departures from the standards of development as set forth in the City zoning regulations, land subdivision ordinance, other City regulations or administrative rules, or other universal guidelines.
e.
The expected date of commencement of physical development as set forth in the proposal and an outline of any development staging which is planned.
2.
A general development plan including:
a.
A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.
b.
The location of public and private roads, driveways, sidewalks 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.
The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.
h.
The existing and proposed location of all private utilities or other easements.
i.
Characteristics of soils related to contemplated specific uses.
j.
Existing topography on the site with contours at no greater than two-foot intervals.
k.
Anticipated uses of adjoining lands with respect to roads, surface water drainage and compatibility with existing adjacent land uses.
l.
If the development is to be staged, a staging plan.
m.
A plan showing how the entire development can be further subdivided in the future.
(8)
Basis for approval of the petition for a planned unit development.
(a)
Requirements. The Plan Commission, in making a determination approving a petition for planned unit development, shall find as follows:
(b)
Proposed construction schedule. The Plan Commission, in making its respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD, commencement of the physical development within one year of approval being deemed reasonable.
(c)
Residential PUD considerations. The Plan Commission, in making its respective recommendation and determination as to a proposed residential planned unit development, shall further consider whether:
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.
If applicable, the total net residential density within the planned unit development will be compatible with the City comprehensive plan, any project plan for any applicable Tax Increment Financing District, any applicable neighborhood plan or any adopted component thereof, and/or any other applicable plan, and shall be compatible with the density of the district wherein located.
3.
Structure types will be generally compatible with other structural types permitted in the underlying basic use district. To this end, structure type shall be limited as follows:
4.
Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.
5.
Provision has been made for adequate, continuing fire and police protection.
6.
The population density of the development will or will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
7.
Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan as approved either by private reservation and maintenance or by dedication to the public.
(d)
Commercial PUD considerations. The Common Council, in making their respective recommendation and determination as to a proposed commercial planned unit development, shall further consider whether:
1.
The economic practicality of the proposed development can be justified.
2.
The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.
3.
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, water, sanitary sewer and stormwater drainage and maintenance of public areas.
4.
The locations of 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 any adverse effect upon the general traffic pattern of the surrounding neighborhood.
5.
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.
(e)
Industrial PUD considerations. The Plan Commission, in making its respective recommendations and determination as to a proposed industrial planned unit development, shall further consider whether:
1.
The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an 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, water sanitary sewer and stormwater drainage and maintenance of public areas.
3.
The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail and/or arterial highway facilities.
4.
The proposed development is properly related to the total transportation plan of the community and not result in an adverse effect on the safety and efficiency of the public streets.
(f)
Mixed use PUD considerations. The Plan Commission, in making its determination as to a proposed mixed use planned unit development, shall further consider whether:
1.
The proposed mixture of uses is compatible with the zoning district in which it is located and which, as a total development entity, is compatible with the surrounding neighborhood.
2.
The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.
3.
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, water, sanitary sewer and stormwater drainage and maintenance of public areas.
(9)
Determination of disposition of the petition.
(a)
General. The Plan Commission, following public hearing thereon and after due consideration, shall either deny the petition, approve the petition as submitted and recommend the petition for consideration by the Common Council, or approve the petition subject to any additional conditions and restrictions the Plan Commission may impose and recommend the petition as so amended for consideration by the Common Council. The Common Council shall take up the petition for approval at the next Common Council meeting following the Plan Commission's approval pursuant to this subsection. The Common Council shall vote to approve or deny the petition as presented based on the same factors described in this section, but may impose and recommend additional conditions and restrictions or deny a petition approved by the Plan Commission for reasons cited by the Common Council as new or not sufficiently considered by the Plan Commission.
(b)
Approval. The general and detailed approvals of a planned unit development shall be based on and include, as conditions thereto, the building, site and operational plans for the development as approved by the Common Council.
1.
General approval. The general development plan submitted with the PUD application need not necessarily be completely detailed at the time of petition, provided it is in sufficient detail to satisfy the Plan Commission and the Common Council as to the general character, scope and appearance of the proposed development. Such plan shall designate the pattern of proposed streets and the size and arrangement of individual buildings and building sites. The approval of such general development plan, by way of approval of the petition, shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses.
2.
Detailed approval. Detail plans must be furnished to the Plan Commission and the Common Council for their consideration and the detailed approval by the Plan Commission and the Common Council of any part or stage of the proposed development shall be required before construction of such part or stage of the development may be commenced. Before plans submitted for detailed approval within the corporate limits will be approved, the petitioner shall give satisfactory proof that he has contracted to install all improvements or file a performance bond ensuring that such improvements will be installed within the time required by the Plan Commission and the Common Council.
(c)
Changes and additions. Any subsequent substantial change or addition to the plans or uses shall be submitted for approval to the Plan Commission and if, in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration of the original plan, it shall schedule an additional public hearing in which event the Plan Commission shall schedule a notice of public hearing as for the original petition. Following such public hearing, same general procedure described in Subsection (9)(a) above shall be followed.