Oak Creek City Zoning Code
ARTICLE VII
Planned Unit Development Standards
§ 17.0701 Intent and purpose.
The purpose of the regulations, standards, and criteria contained in this article is to provide an alternate zoning procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this article. The objective of the planned development is to encourage a higher level of design and amenity than is possible to achieve under otherwise applicable zoning regulations. The end result can be a product which fulfills the objectives of the Comprehensive Plan and planning policies of the City while departing from the strict application of the use and bulk and dimensional regulations as detailed in Article III. The planned development is intended to permit and encourage such flexibility and to accomplish the following purposes:
(a)
To stimulate creative approaches to the commercial, residential, and mixed-use development of land.
(b)
To provide more efficient use of land.
(c)
To preserve natural features and provide open space areas and recreation areas in excess of that required under conventional zoning regulations.
(d)
To develop new approaches to the living environment through variety in type, design, and layout of buildings, transportation systems, and public facilities.
(e)
To unify building and structures through design.
(f)
To promote long-term planning pursuant to the City of Oak Creek's Comprehensive Plan, which will allow harmonious and compatible land uses or combination of uses with surrounding areas.
§ 17.0702 General provisions.
(a)
The following may be approved as a planned development:
(1)
Any development greater than five acres in size containing mixed-residential, multifamily residential, mixed-use, or nonresidential/mixed-residential combination with single-family detached, single-family attached, or multifamily uses.
(b)
Each planned development should be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a planned development upon an already existing planned development except to the extent such planned development has been approved as part of a development master plan.
(c)
The burden of providing evidence and persuasion that any planned development is necessary and desirable shall in every case rest with the applicant.
§ 17.0703 Standards for review.
Approval of development through the use of a planned unit development, including modifications to conventional zoning and subdivision regulations, is a privilege and will be considered by the City only in direct response to the accrual of tangible benefits from the planned development to the City or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities, outstanding environmental, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a planned development, the Plan Commission and/or the Common Council, as the case may be, shall be required to make certain findings based on the following standards:
(a)
Required findings. No application for a planned development shall be approved unless all the following findings are made about the proposal:
(1)
Comprehensive plan. The planned development shall be consistent with the goals, objectives, and policies set forth in the Comprehensive Plan.
(2)
Public welfare. The planned development shall be so designed, located, and proposed to be operated and maintained that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.
(3)
Impact on public facilities and resources. The planned development shall be so designed that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The planned development shall include such impact fees as may be reasonably determined by the Common Council. These required impact donations shall be calculated in reasonable proportion to impact of the planned development on public facilities and infrastructure.
(4)
Archaeological, historical or cultural impact. The planned development shall not substantially adversely impact an archaeological, historical, or cultural resource, included on the state or federal register, located on or off the parcel(s) proposed for development.
(5)
Parking and traffic. The planned development shall have or make adequate provision to provide necessary parking and ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets and provides adequate access for emergency vehicles.
(6)
Adequate buffering. The planned development shall have adequate landscaping, public open space, and other buffering features to protect uses within the development and surrounding properties.
(b)
Modification standards. In addition to the findings required above, the following standards shall be utilized in considering applications for modifications of the conventional zoning and subdivision regulations for a planned development. These standards shall not be regarded as inflexible but shall be used as a framework by the City to test the quality of the amenities, benefits to the community, and design and desirability of the proposal.
(1)
Integrated design. A planned development shall be laid out and developed as a unit in accordance with an integrated overall design. This design shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.
(2)
Beneficial common open space. Any common open space in the planned development beyond the minimum 30% required shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following would not be considered usable common open space:
(3)
Location of taller buildings. Taller buildings shall be located within the planned development in such a way as to dissipate any material adverse impact on adjoining lower buildings within the development or on surrounding properties and shall not unreasonably invade the privacy of occupants of such lower buildings.
(4)
Functional and mechanical features. Exposed storage areas, trash and garbage retainers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the planned development and made as unobtrusive as possible. They shall be subject to such setbacks, special planting or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.
(5)
Visual and acoustical privacy. The planned development shall provide reasonable visual, and acoustical privacy for each dwelling unit, tenant space, and adjacent property. Fences, insulations, walks, barriers, and landscaping shall be used as appropriate for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable view or uses, and reduction of noises.
(6)
Energy efficient design. A planned development shall be designed with consideration given to various methods of site design and building location, architectural design of individual structures, and landscaping design capable of reducing energy consumption within the planned development.
(7)
Landscape conservation and visual enhancement. The existing landscape and trees in a planned development shall be conserved and enhanced, as feasible, by minimizing tree and soil removal, and the conservation of special landscape features such as streams, ponds, groves, and landforms. The addition or use of larger trees, shrubs, flowers, fountains, ponds, special paving amenities will be encouraged to the extent of their appropriateness and usefulness to the planned development and the likelihood of their continued maintenance.
(8)
Drives, parking and circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior drives and parking, special attention shall be given to location and limiting the number of access points to the public streets through the use of cross access connections, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, adequate provision for service by emergency vehicles, and arrangement of parking areas that are safe and convenient, and insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.
(9)
Surface water drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely impact neighboring properties or the public storm drainage system. Surface water in all paved areas shall be collected at intervals so that it will not obstruct the flow of vehicular or pedestrian traffic.
§ 17.0704 Site development allowances.
Notwithstanding any limitations on variances which can be approved as contained elsewhere in the Zoning Ordinance, site development allowances, i.e., deviations from the underlying zoning provisions set forth outside this article may be approved provided the applicant specifically identifies each such site development allowance and demonstrates how each such site development allowance would be compatible with surrounding development, is in furtherance of the stated objectives of this article, and is necessary for proper development of the site.
§ 17.0705 Procedures.
The following steps are provided to assure the orderly review of every planned development application in a timely and equitable manner:
(a)
Pre-filing review and transmittal of application.
(1)
Conference.
a.
A prospective applicant, prior to submitting a formal application for a planned development, may meet for a pre-filing conference(s) with the Community Development Director or their designee and any other City official or employee designated by the Community Development Director or their designee as a member of the Development Review Team. The purpose of the conference(s) is to help the applicant understand the Comprehensive Plan, Zoning Ordinance, site development allowances, standards by which the application will be evaluated, and the application requirements.
b.
After reviewing the planned development process, the applicant may request a waiver of any application requirement which in the applicant's judgment should not apply to the proposed planned development. Such request shall be made in writing prior to the submission of the formal application documents.
c.
All requests for waiver shall be reviewed by the Community Development Director. A final determination regarding the waiver shall be given to the prospective applicant following the decision. Denied requests may be appealed to the Common Council.
d.
The applicant, prior to submitting a formal application for a planned development, shall be required to schedule a meeting to discuss the proposed planned development and its impact on adjoining properties and area residents. The applicant shall send a written notice of the meeting via mail to the City of Oak Creek and all taxpayers of record within 300 feet of the proposed planned development. Such notice shall be mailed by the applicant not less than 15 days prior to the date of the meeting. A written summary of comments made at the meeting shall be maintained and submitted by the applicant with the application.
(2)
Filing of application. Following the completion of the pre-filing conference(s), the applicant shall file an application for a planned development in accordance with this article. The Community Development Director or their designee shall deliver copies of the application to other appropriate City departments for review and comment.
(3)
Deficiencies. The Community Development Director or their designee shall determine whether the application is complete. If the Community Development Director or their designee determines that the application is not complete, a department representative shall notify the applicant in writing of any deficiencies and shall take no further steps to process the application until the deficiencies are remedied.
(4)
Application review. The Community Development Director or their designee shall work with the Development Review Team and the applicant to review and revise the application.
(5)
Report on compliance. A copy of the complete application and a written report incorporating the comments of City staff and other agencies regarding the compliance of the proposed planned development with the requirements and standards of this article shall be delivered to the Plan Commission. The Plan Commission shall review and make a recommendation to approve or deny the application to the Common Council, which shall hold a public hearing.
(6)
Determination not binding. Neither the Community Development Director or their designee determination that an application is complete nor any comment made by the Community Development Director or their designee or City staff at a pre-filing conference or as part of the review process shall be intended or construed as a formal or informal recommendation for the approval of a planned development for the proposed planned development, or component part thereof, nor shall be intended or construed as a binding decision of the City, the Plan Commission, or any staff member.
(b)
Plan Commission review and recommendation. Upon receiving the report from the Community Development Director or their designee, the Plan Commission shall review the application, the standards and requirements established by this article, the report of the Community Development Director or their designee, and any and all evidence and testimony received by the Plan Commission. At a regular meeting, the Plan Commission shall present its findings addressing each of the standards set forth in this article and transmit such findings, together with a recommendation of approval, approval with conditions, or denial to the Common Council.
(c)
Review and action by the Common Council.
(1)
After the receipt of the report and recommendation of the Plan Commission, the Common Council shall hold at least one public hearing on the proposed planned development. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with state law and rules of procedure adopted by the Common Council.
(2)
The Common Council shall review the application, the standards and requirements established by this article, the report of the Community Development Department, the recommendation of the Plan Commission, and any and all evidence and testimony received by the Common Council at the public hearing. Following the close of the public hearing and at a regular meeting, the Common Council shall either:
(3)
In approving a planned development, the Common Council may attach such conditions to the approval as it deems necessary to have the proposed use or combination of uses meet the standards set forth in this article and to prevent or minimize adverse impacts on other property in the immediate vicinity. Such conditions may include, but are not limited to limitations on size, bulk, and location; requirements for landscaping, signage, outdoor lighting, provisions for adequate ingress and egress; hours of operation; and such other conditions as the Common Council may deem to be in furtherance of the objectives of this article.
§ 17.0706 Application requirements.
(a)
An application for a planned development may only be filed by one who has an ownership interest, or the agents thereof; or any contract purchaser or anyone holding an option to purchase the parcel of land on which the use or combination of uses is to be located.
(b)
Applications for a planned development shall be filed with the Community Development Director or their designee in such form and accompanied by such information, with sufficient copies, as shall be established from time to time by the City. Every application shall contain, at a minimum, the following information, and related data and any other plans or studies necessary to determine the potential impact of the development as determined by the City:
(1)
The names and addresses of the owner of the subject property, the applicant, and all persons having an ownership or beneficial interest in the subject property and proposed planned development.
(2)
A statement from the owner of the subject property, if not the applicant, approving of the filing of the application by the particular applicant.
(3)
A survey of, and legal description and street address for the subject property.
(4)
A statement indicating compliance of the proposed planned development with the Comprehensive Plan; and evidence of the proposed project's compliance in specific detail with each of the "standards for review" for planned developments.
(5)
A scaled site plan showing the existing contiguous land uses, natural topographic features, zoning districts, public thoroughfares, transportation, and utilities.
(6)
A design standards and concept plan document.
(7)
The substance of covenants, easements, and other restrictions existing and any to be imposed on the use of land, including common open space, and buildings or structures.
(8)
A schedule of development showing the approximate date for beginning and completion of each stage of construction of the planned development.
(9)
A professional traffic study acceptable to the City showing the proposed traffic circulation pattern within and in the vicinity of the area of the planned development, including the location and description of public improvements to be installed, and any streets and access easements.
(10)
A professional economic analysis acceptable to the City, including the following:
(11)
Copies of all environmental impact studies as required by law.
(12)
An analysis setting forth the anticipated demand on all City services.
(13)
A plan showing off-site utility improvements required to service the planned development.
(14)
A site drainage plan for the commercial planned development.
(15)
A written summary of residents' comments, pertaining to the proposed application, from any meeting held pursuant to the requirements of this article.
(c)
Every application must be accompanied by a fee in such amount as established in a resolution adopted by the Common Council.
§ 17.0707 Effect of approval or denial.
(a)
Approval of the planned development by the Common Council authorizes the applicant to proceed with any necessary applications for site plan approval, building permits, certificates of occupancy, and other permits which the City may require for the proposed planned development. The City's Community Development Director or their designee shall review applications for these permits for compliance with the terms of the planned development granted by the Common Council. No permit shall be issued for development which does not comply with the terms of the planned development.
(b)
The Common Council shall direct the Community Development Director or their designee to revise the Official Zoning Map to reflect the existence and boundaries of each planned development through the application of the Planned Unit Development Overlay District.
(c)
Subject to Subsection (g) below, an approval of a planned development by the Common Council shall be null and void if the recipient does not file an application for a building permit relative to the proposed planned development within 12 months after the date of adoption of the ordinance approving the planned development.
(d)
Subject to Subsection (g) below, an approval of a planned development by the Common Council shall be subject to revocation if construction has not commenced within two years and does not comply with the construction schedule filed with the petition.
(e)
Subject to Subsection (g) below, an approval of a planned development with a phasing plan shall be null and void if construction has not commenced or is not completed in accordance with the terms of that phasing plan.
(f)
An extension of the time requirements stated in Subsections (c), (d), and (e), of this section may be granted by the Common Council after recommendation by the Plan Commission for good cause shown by the applicant, provided a written request is filed with the City at least four weeks prior to the respective deadline.
(g)
No application for a planned development which was previously denied by the Common Council shall be considered by the Plan Commission or the Common Council if it is resubmitted in substantially the same form and/or content within one year of the date of such prior denial. In this regard:
(1)
The Community Development Director or their designee shall review the application for a planned development and determine if the application is or is not substantially the same. An applicant has the right to request a hearing before the Common Council to appeal the determination of the Community Development Director or their designee that the application is substantially the same, provided a petition for appeal is filed in writing with the Community Development Director or their designee within 10 days of the Community Development Director's or their designee's determination.
(2)
The Common Council shall affirm or reverse the determination of the Community Development Director or their designee, regarding whether the new application is in substantially the same form after receipt of a petition for appeal.
(3)
If it is determined that the new application is not substantially in the same form, then the applicant shall be entitled to continue with the application process in accordance with the provisions of the set forth herein.
§ 17.0708 Amendments and alterations to approved planned developments.
(a)
Except as provided in Subsection (b) below, any modifications to an approved planned development or any addition to or expansion of an existing planned development shall require separate review and approval under the provisions of the Zoning Ordinance.
(b)
A minor change is any change in the site plan or design details of an approved planned development which is consistent with the standards and conditions applying to the planned development and which does not alter the concept or intent of the planned development. A minor change shall not increase the planned development's density, increase the height of buildings, reduce open space, modify the proportion of housing types, change or add new parking areas, alter alignment of roads, utilities or drainage, amend final development agreements, provisions or covenants, or provide any other change inconsistent with any standard or condition imposed by the Common Council in approving the planned development. Said minor change may be approved by the Community Development Director or their designee without obtaining separate approval by the Common Council. In addition, the Common Council may, after reviewing the request for a major change made by the applicant, direct the Community Development Director or their designee to process the request as a minor change.
§ 17.0709 Traditional Neighborhood Development (TND) Standards.
[Added 11-1-2022 by Ord. No. 3056]
The Traditional Neighborhood Development (TND) District, enacted pursuant to §§ 62.23 and 66.1027, Wis. Stats. (as amended), is intended to allow the optional development and redevelopment of land in Oak Creek consistent with the design principles of traditional neighborhoods.
(a)
A traditional neighborhood:
(1)
Is compact and designed for the human scale;
(2)
Provides a mix of uses, including residential, commercial, civic, and open space uses, in close proximity to one another within the neighborhood;
(3)
Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes;
(4)
Incorporates a system of relatively narrow, interconnected streets with sidewalks and access to bicycle and transit routes, offering multiple routes for motorists, pedestrians, and bicyclists; and provides for the connections of those streets to existing and future developments;
(5)
Retains existing buildings with historical or architectural features that enhance the visual character of the community;
(6)
Incorporates significant environmental features into the design;
(7)
Is consistent with the City of Oak Creek Comprehensive Plan.
(b)
Applicability. This ordinance applies as an alternative set of standards for development or redevelopment on sites of 20 acres or more and is identified for mixed use in the Comprehensive Plan, or is contiguous to an existing mixed-use development of 20 acres or more.
(c)
Interpretation. Development shall be planned, reviewed, and carried out in conformance with all municipal, state, and other laws and regulations. However, if there is a conflict between the provisions of this section and other provisions of the zoning or subdivision sections of the Oak Creek Municipal Code, this section shall take precedence.
(d)
Application and approval process.
(1)
Pre-application conference. Prior to the official submission of the application for the approval of a Traditional Neighborhood Development, the applicant shall meet with City staff to discuss the scope and proposed nature of the contemplated development.
(2)
Zoning Map amendment and planned unit development review. Following the pre-application conference, the applicant shall submit a development plan with related applications and fees for Zoning Map amendment (rezone) to a Traditional Neighborhood Development District, and planned unit development (PUD) approval. The requirements and review procedures in §§ 17.0703 to 17.0706 (as amended) shall apply. If there is a conflict between the provisions of this section and §§ 17.0703 to 17.0706 (as amended), the requirements of this section shall be in addition to §§ 17.0703 to 17.0706 (as amended) unless otherwise determined in writing by the Department of Community Development. The Plan Commission shall consider the rezone and PUD request at a regular public meeting, and shall issue a recommendation to the Common Council for consideration at a public hearing in conformance with Municipal Code.
(3)
Planned unit development (PUD).
a.
Development plan requirements. The development plan for the PUD shall include the following:
1.
A written report containing:
[a]
The relationship of the proposed PUD to the City's adopted Comprehensive Plan, or any adopted component thereof.
[b]
An analysis of site conditions and development objectives.
[c]
Total area to be included in the PUD and area(s) of open space.
[d]
All contemplated land uses within the PUD, along with the proposed intensity of use.
[e]
Total number and types of dwelling units, including affordable units, residential density computations, demographics analysis, availability of or requirements for municipal services, and any other similar data pertinent to a comprehensive evaluation of the proposed development. (Affordable units are those in which mortgage, amortization, taxes, insurance, and condominium/association fees, if any, constitute no more than 30% of gross annual household income for a household of the size which may occupy the unit. Rental units are considered affordable if the rent and utilities constitute no more than 30% of gross annual household income for a household of the size that may occupy the unit.)
[f]
Estimated value of structures and site improvement costs, landscaping, and special features.
[g]
Covenants, easements, or agreements which will be used to manage and maintain the proposed development.
[h]
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.
[i]
The expected dates of commencement and completion of physical development as set forth in the proposal. If the PUD is to be developed in phases, a phasing plan setting forth the starting and completion dates of each phase shall be submitted.
[j]
A statement indicating the type of federal or state program being used to provide a subsidy or less-than-market (affordable) rents for the units proposed.
2.
A general location map of suitable scale which shows the location of the property within the community and adjacent parcels, including locations of any public streets, railroads, major streams or rivers, and other major features within 1,000 feet of the site.
3.
Natural drainage patterns and water resources, including streams, drainage swales, ponds, lakes, wetlands, and floodplains, and proposed major changes in the above.
4.
Plans, including proposed topographic contours at two-foot intervals, with the following information:
[a]
A legal description of the property prepared by a professional surveyor.
[b]
Identification of the developer, if different from owner(s).
[c]
The circulation system indicating pedestrian, bicycle, and motor vehicle movement systems, including existing and proposed public and private streets or rights-of-way; transit stops; easements or other reservations of land on the site; the location and dimensions of existing and proposed curb cuts, off-street parking, loading spaces, and service access; sidewalks and other walkways.
[d]
The size, type, and locations of proposed and existing structures that will remain. Gross square footage and height of existing structures shall be included.
[e]
Proposed parks, open space, recreational areas, preserved areas, and areas dedicated for public uses, and percentage of overall development dedicated to each use.
[f]
Characteristics of soils related to contemplated specific uses.
[g]
General location of trees, vegetation, landscaping proposed or existing to remain.
[h]
The location of street and public pedestrian lighting, including lamp intensity and height.
5.
A stormwater management plan for the site in conformance with Chapter 13 of the Municipal Code (as amended).
6.
Elevations and/or conceptual renderings incorporating building materials, color schemes, dimensions, and related information for proposed commercial and multifamily residential buildings, and typical elevations of all other residential buildings.
7.
A utilities plan showing existing and proposed (public and private) underground and above ground lines and structures for water, sanitary sewers, electricity, gas, telecommunications, etc., and easements therefor.
8.
Phasing plan (if applicable).
9.
Any other information deemed necessary by the Department of Community Development in order to evaluate plans.
(4)
Site and building plan review. Detailed site, architectural, landscaping, lighting, and related plan review shall be required for the development following approval of the PUD. Architectural review shall be required for all multifamily residential dwellings with a density of four or more units per structure, all mixed-use structures, and all other nonresidential structures. General architectural plans detailing designs and allowed materials shall be included as part of the approved PUD for all single-family, two-family, and three-family dwellings, which do not require additional site and architectural reviews.
(e)
Ownership and maintenance of public space. Provisions shall be made for the ownership and maintenance of streets, squares, parks, open space, multimodal paths, and other public spaces in a Traditional Neighborhood Development by dedication to the City or as otherwise approved by the Common Council.
(f)
Subdivision of land. If the Traditional Neighborhood Development involves a subdivision and/or condominium plat as defined in Chapter 14 of the Municipal Code (as amended), the applicant shall submit all required land division documents in accordance with the requirements of the Subdivision and Platting Code and Ch. 236, Wis. Stats. If there is a conflict between the design standards of the subdivision ordinance and the design guidelines of this chapter, the provisions of this chapter shall apply.
(g)
Amendments to the Traditional Neighborhood Development/PUD.
(1)
Major change. Except as provided in Subsection (g)(2) below, any modifications to an approved Traditional Neighborhood Development Plan (TND) and/or PUD or any addition to or expansion of an existing TND Plan/PUD shall be considered major changes requiring separate review and approval under the provisions of Subsection (d) above and § 17.0708 of the Zoning Ordinance (as amended).
(2)
Minor change. A minor change is any change in the site plan or design details of an approved TND Plan/PUD which is consistent with the standards and conditions applying to the TND Plan/PUD, and which does not alter the concept or intent of the TND Plan/PUD. A minor change shall not increase the TND Plan/PUD's density; increase the height of buildings; reduce open space; modify the proportion of housing types; change or add new parking areas; alter alignment of roads, utilities or drainage; amend final development agreements, provisions or covenants; or provide any other change inconsistent with any standard or condition imposed by the Common Council in approving the TND Plan/PUD. Said minor change may be approved by the Department of Community Development without obtaining separate approval by the Common Council. In addition, the Common Council may, after reviewing the request for a major change made by the applicant, direct the Department of Community Development to process the request as a minor change.
(h)
TND design standards.
(1)
In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A TND shall consist of residential, mixed-use, and open space, as specified below.
a.
Residential area(s). The TND shall include one or more residential area(s) to meet the housing needs of the City. For infill development, the required mix of residential uses may be satisfied by existing residential uses adjacent to the TND site.
1.
Permitted residential uses.
Table 17.0709(h)(1)(a)(1) Permitted Residential Uses | ||
|---|---|---|
Use | Minimum Density/Net Acre | Maximum Density/Net Acre |
Single-family detached | 4 units | 11 units |
Single-family attached | ||
2 units | 6 units | 12 units |
3 to 4 units | 6 units | 12 units |
5 to 9 units | 10 units | 30 units |
Multifamily/senior housing | No minimum | 97 units/102 units |
2.
Required mix. A minimum of two housing types from this list must be present in any TND. Single-family detached dwellings shall constitute a maximum of 70% of the dwelling units.
3.
Density bonus. Increases over the maximum allowed density - up to 10% - may be considered on a case-by-case basis for plans that include affordable housing units as defined in Subsection (d)(3)(a)(1)(e) above. A minimum of 10% of the housing type requested for the density bonus shall be affordable housing units.
b.
Mixed-use area. A TND shall include one or more mixed-use area(s) containing commercial, civic, residential, and open space uses. For infill development, this requirement may be satisfied by existing commercial, civic, and open space uses, provided that these are located within a 1/2-mile radius of all proposed dwellings.
1.
Commercial uses. Commercial uses listed below, up to 10,000 square feet in size, are permitted. Commercial uses exceeding 10,000 square feet in size shall require a conditional use permit.
[a]
Food services (e.g., grocery stores, butcher shops, bakeries, and other specialty food stores); restaurants without drive-through facilities; cafes; coffee shops; bars, taverns, microbreweries, neighborhood scale distilleries or wineries, and tasting rooms; ice cream or candy shops; and similar uses.
[b]
Retail, excluding adult entertainment.
[c]
Services, including financial institutions without drive-up or drive-through facilities, day care centers, veterinary services or hospitals, self-service laundry or dry-cleaner, and similar uses.
2.
Lodging uses. Bed-and-breakfast, motels, hotels, and similar uses shall require a conditional use permit.
3.
Residential uses. As listed under Subsection (a)(1) above, excluding single-family detached dwellings, but including the following:
[a]
Residential units located above commercial uses.
[b]
Live-work units that combine a residence and workplace, provided that the residence is occupied by the owner of the business.
[c]
Community living arrangements and assisted living facilities subject to approval of a conditional use permit in conformance with Code and statutory provisions. The status of each use in terms of density and housing type shall be determined based on the findings for the conditional use permit.
4.
Civic or institutional uses, with a conditional use permit.
5.
Open space and recreational uses:
[a]
Central square, amphitheater, promenade, or similar outdoor gathering space.
[b]
Neighborhood park or adjacency to regional facilities (adjacent facilities are NOT included in the minimum 30% open space requirement in Subsection (c) below).
[c]
Playground, outdoor recreational facilities, and neighborhood clubhouse facilities in conformance with Code requirements.
[d]
Natural/open space areas.
6.
Density and intensity. Density ranges and required mix of single-family and multifamily dwelling units are as specified in Subsection (h)(1)a above.
7.
Maximum nonresidential area. The total land area devoted to nonresidential development, including ground floor commercial or office uses, civic buildings, and parking areas, shall not exceed 25% of the gross acreage of the TND.
c.
Open space area. At least 30% of the gross acreage within the TND PUD shall be designated as open space. Open spaces do not include required setback areas and rights-of-way, or impervious surfaces. Open space areas may include:
1.
Wetlands and stormwater detention/retention basins.
2.
Environmental corridors, greenways, and protected natural areas.
3.
Streams, ponds, and other water bodies.
4.
Neighborhood parks, squares, plazas, and playing fields, excluding community, regional, county, or state parks.
5.
At least 25% of the open space area must be common open space available for the development and/or public. At least 90% of all dwellings shall be located within 1/4 mile of such common open space.
(2)
Stormwater management. The design and development of the TND PUD should minimize off-site stormwater runoff, promote onsite filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable. New development and redevelopment shall meet the requirements of Chapter 13 of the Municipal Code.
(3)
Dimensional standards. Minimum and maximum dimensions are as shown in Table 17.0709(h)(3)d below. These standards shall apply to both the residential and mixed-use areas.
a.
Block and lot size diversity. A variety of lot sizes should be provided to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs.
b.
Lot widths. Lot widths should create a relatively symmetrical street cross-section that reinforces the public space of the street as a simple, unified public space. Similar lot sizes and housing types should generally be located on opposite sides of a street. Lots are defined to include parcels, tracts, condominium lots, and other areas established by subdivision plat, Certified Survey Map, condominium plat, or other legal mechanism by which to define the boundaries of land for development.
c.
Standards for garages. Garages may be placed on residential lots either attached to the principal building or as a detached accessory building in conformance with the following requirements:
1.
The total of all accessory buildings on a lot, including attached and detached garages, shall not exceed 1,000 square feet or 75% of the livable area of the principal structure, whichever is less, and shall meet all setback requirements. There shall be a minimum setback of five feet to an alley unless granted a modification by the Plan Commission as part of the TND PUD.
2.
An attached garage shall be located to the rear of or recessed behind the primary facade of single-, two-, and three-family residences.
d.
Dimensional standards, Traditional Neighborhood Development.
Table 17.0709(h)(3)(d) Dimensional Standards, Traditional Neighborhood Development | ||||||||
|---|---|---|---|---|---|---|---|---|
Standard | Single-Family Detached (a) | Single-Family Attached (2 Units) (a) | Single-Family Attached (3 to 4 Units) (a) | Single-Family Attached (5 to 9 Units) (a) | Multifamily | Mixed Use | Nonresidential | Civic (institutional, rec.) bldgs |
Lot standards (Minimum) | ||||||||
Lot area (square feet) | 3,600 | 7,200 | 10,400 | 17,820 | 42,000 | 15,000 | 5,000 to 10,000 | — |
Lot width (feet) | 40 | 80 | 116 | 90 | 120 | 100 | 75 | — |
Yard setbacks (4) | ||||||||
Front | ||||||||
Minimum (feet) | 5 | 10 | 10 | 5 | 2 | 5 | 5 | 30 |
Maximum (feet) | 15 | 16 | 16 | 17 | — | 15 | — | — |
Side (b), (c), (e) (feet) | 3 | 5 | 5 | 10 | 2 | 10 | 5 | 30 to 50 |
Side (b), (c), (e) (feet) | 5 | 5 | 5 | 10 | 2 | 10 | 5 | 30 to 50 |
Rear (b) (feet) | 4 | 4 | 4 | 18 | 2 | 5 to 20 | 15 to 25 | 50 |
Building standards (maximum) | ||||||||
Height (d) (feet) | 2.5 stories/35 | 2.5 stories/35 | 2.5 stories/35 | 2.5 stories/35 | 5 stories/75 | 50 | 50 to 55 | 55 |
Building Coverage (f) | 70% | — | — | — | — | — | 25% | 25% |
Lot coverage (f) | 70% | 70% | 70% | 70% | 70% | 70% | 70% | 70% |
Table 17.0709(h)(3)(d) Dimensional Standards, Traditional Neighborhood Development | ||||||||
|---|---|---|---|---|---|---|---|---|
Standard | Single-Family Detached (a) | Single-Family Attached (2 Units) (a) | Single-Family Attached (3 to 4 Units) (a) | Single-Family Attached (5 to 9 Units) (a) | Multifamily | Mixed Use | Nonresidential | Civic (institutional, rec.) bldgs |
Lot standards (Minimum) | ||||||||
Lot area (square feet) | 3,600 | 7,200 | 10,400 | 17,820 | 42,000 | 15,000 | 5,000 to 10,000 | — |
Lot width (feet) | 40 | 80 | 116 | 90 | 120 | 100 | 75 | — |
Yard setbacks (4) | ||||||||
Front | ||||||||
Minimum (feet) | 5 | 10 | 10 | 5 | 2 | 5 | 5 | 30 |
Maximum (feet) | 15 | 16 | 16 | 17 | — | 15 | — | — |
Side (b), (c), (e) (feet) | 3 | 5 | 5 | 10 | 2 | 10 | 5 | 30 to 50 |
Side (b), (c), (e) (feet) | 5 | 5 | 5 | 10 | 2 | 10 | 5 | 30 to 50 |
Rear (b) (feet) | 4 | 4 | 4 | 18 | 2 | 5 to 20 | 15 to 25 | 50 |
Building standards (maximum) | ||||||||
Height (d) (feet) | 2.5 stories/35 | 2.5 stories/35 | 2.5 stories/35 | 2.5 stories/35 | 5 stories/75 | 50 | 50 to 55 | 55 |
Building Coverage (f) | 70% | — | — | — | — | — | 25% | 25% |
Lot coverage (f) | 70% | 70% | 70% | 70% | 70% | 70% | 70% | 70% |
(4)
Circulation standards.
a.
Objectives. The circulation system shall:
1.
Allow for multiple modes of transportation.
2.
Provide functional and visual links within the residential, mixed-use, and open space areas of the TND PUD.
3.
Provide multiple connections to existing and proposed external development.
4.
Provide adequate traffic capacity.
5.
Provide multiple connections to pedestrian and bicycle routes, including off-street bicycle or multiuse paths.
6.
Control through traffic.
7.
Limit lot access to streets of lower traffic volumes.
8.
Promote safe and efficient mobility through the TND PUD.
b.
Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrianmotor vehicle conflicts shall be provided continuously throughout the TND PUD. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks in accordance with Municipal Code and Engineering Department requirements. The following provisions also apply:
1.
Sidewalks in residential areas. Clear and well-lighted sidewalks at least five feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk.
2.
Sidewalks in mixed-use areas. Clear and well-lighted walkways at least five feet in width shall connect all building entrances to the adjacent public sidewalk and associated parking areas.
3.
Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.
4.
Multimodal paths shall be designed and constructed to Municipal Code and Engineering Department requirements. Pedestrian-scale lighting of paths located outside of public rights-of-way is encouraged.
5.
Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well-lit and clearly marked with contrasting paving material at the edges or with striping.
c.
Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or dedicated multimodal paths. Any existing or planned bicycle routes through the site shall be preserved or developed. Bicycle facilities may include off-street multimodal paths (generally shared with pedestrians and other non-motorized uses) and/or separate striped bicycle lanes on streets in accordance with Municipal Code and Engineering Department requirements.
d.
Transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Transit shelters, where provided, shall be well-lighted and placed in highly visible locations that provide security through surveillance.
e.
Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features, such as queuing streets, curb extensions, traffic circles, and medians, may be used to encourage slow traffic speeds.
1.
Street hierarchy and design. Table 17.0709(h)(4)f is provided as a general guide to street design in the TND PUD. Street and right-of-way widths shall be reviewed as part of the concept plan review and shall be approved as part of the TND PUD.
2.
Arterial streets should not bisect a TND PUD, but may border a TND PUD.
3.
Alleys may be used to provide primary access to residential garages and commercial parking areas. Unless otherwise approved by the Common Council, alleys shall be under private ownership.
f.
Street design guidelines.
Table 17.0709(h)(4)(f) Street Design Guidelines | ||||
|---|---|---|---|---|
Collector | Sub-Collector | Local Street | Alley | |
Typical average daily trips | 750 or more | 250 to 750 | Less than 250 | — |
Right-of-way (feet) | 75 to 90 | 50 to 75 | 50 to 60 | 12 to 16 |
Auto travel lanes | 2 at 12 feet | 2 at 10 feet | 2 at 10 feet | 2 at 8 feet or 1 at 12 feet (1-way) |
Bicycle lanes (may be required where needed) | 6 feet next to parking lane | 4 feet without parking(1) or 6 feet next to parking lane | — | — |
Parking | Both sides, 9 feet | One or both sides, 9 feet | One or both sides, 9 feet | None (access to drives and garages) |
Curb and gutter | Required | Required | Required | — |
Terrace | Both sides, minimum 8 feet | Both sides, minimum 6 feet | Both sides, minimum 6 feet | — |
Sidewalks | Both sides, minimum 5 feet | Both sides, minimum 5 feet | Both sides, minimum 5 feet | — |
Notes: | |
(1) | Not including gutter requirements. |
g.
Parking requirements. Parking areas for shared or community use should be encouraged and designed in conformance with the following:
1.
In the mixed-use area, any parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided per Code requirements.
2.
A surface parking lot or detached parking garage shall not be located adjacent to or opposite a street intersection.
3.
In the mixed-use area, a parking study shall be required for all proposed commercial uses to determine parking requirements. Parking may be provided in shared or community lots within 1,000 feet of the site.
4.
On-street parking directly adjacent to a community amenity may apply toward the minimum parking requirements for that amenity as part of an approved TND PUD.
5.
Parking setbacks shall be in conformance with Code requirements unless modified by the Plan Commission and Common Council as part of an approved TND PUD.
6.
Surface parking lots or garages shall provide bicycle parking areas in conformance with NACTO standards. Bicycle parking areas are encouraged in community areas.
h.
Service access. Direct access to service and loading dock areas for service vehicles should be provided, while avoiding movement through parking areas to the greatest extent possible. Alleys may be used to provide service access. Loading docks and overhead doors shall not face up on a street right-of-way.
i.
Paving. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for surface parking areas.
(5)
Architectural standards. A variety of architectural and design features and building materials is encouraged to give each building or group of buildings a distinct character, as well as sensitivity to the surrounding context.
a.
Standards for existing structures.
1.
Existing structures, if determined to be historic or architecturally-significant, shall be protected from demolition as part of a traditional neighborhood development. The National Register of Historic Places and/or the Wisconsin State Register shall be utilized to determine protections under this section. The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally-significant structures.
2.
Additions to existing structures shall adhere to all requirements of this section, applicable sections of the Municipal Code, and TND PUD approvals.
b.
Standards for new structures. All new structures shall meet the dimensional requirements in § 17.0709(h)(3)d above and the following:
1.
Building height. To create a visually unified streetscape, buildings should be no more than 30% taller or shorter than the average building height on the block in mixed-use areas.
2.
Entries and facades.
[a]
The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street.
[b]
Exterior building materials shall be traditional, time- and weather-tested materials and techniques.
[1]
Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
[2]
Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. All materials utilized on upper floors shall have a minimum thickness of one inch and shall be structurally integrated into the facade of the building.
[3]
The front or principal facade of the principal building on any lot shall face a public street and shall not be oriented to face directly toward a parking lot.
[c]
Buildings of more than 30 feet in width shall be divided into smaller regular increments through articulation of the facade. This can be achieved through variations in materials, detailing, roof lines, and elements, such as arcades, awnings, windows, and balconies.
[d]
The ground level of any multistory, commercial, and mixed-use structure shall be visually distinct from the upper stories through the use of an intermediate cornice line, sign band, awning or arcade, or a change in building materials, texture, or detailing.
[e]
Porches, pent roofs, roof overhangs, hooded front doors, or similar architectural elements shall be used to define the front entrance to all residences or multifamily buildings.
3.
Transparency for commercial and mixed-use buildings. For commercial or mixed-use buildings, a minimum of 30% of the front facade on the ground floor, excluding service entries, shall be transparent, consisting of window or door openings allowing views into and out of the interior. A modification of up to 50% of the transparent glazing requirement in this section may be granted by a majority approval of the Plan Commission as part of site and building plan review:
[a]
If supplemental design elements or improvements are incorporated into the project over and above those which are otherwise required which compensate for the modification. In support of the modification request, the applicant shall detail such supplemental design elements in written and graphical form, and provide an explanation as to the nature of the standards for which the modification is requested.
[b]
Supplemental design elements or improvements may include:
[1]
Increased percentage of brick, stone, or decorative exterior building materials.
[2]
Sustainable building materials/elements (e.g., green roof, recycled materials, etc.).
[3]
Awnings and/or canopies.
[4]
Decorative lighting fixtures (pedestrian-level).
[5]
Hanging planters, landscaped planter beds, free-standing moveable planters.
[6]
Benches and/or landscaped seating areas.
[7]
Electric vehicle charging stations, bicycle parking and repair stations, and other alternative transportation enhancements.
(6)
Site design standards.
a.
Lighting standards. All plans for lighting within the TND PUD shall be designed in conformance with § 17.0509 of the Municipal Code (as amended).
b.
Standards for exterior signage. Sign number, size, height, and location in the TND PUD shall meet the requirements of Chapter 17 (as amended). A master sign program shall be developed for the entire TND PUD that establishes a uniform sign theme.
c.
Landscaping and screening standards. A Master Landscape Plan shall be developed for the common areas of the TND PUD in accordance with landscaping and screening requirements in §§ 17.0505 and 17.0506, and the following:
1.
Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger well-placed contiguous planting areas shall be preferred to smaller disconnected areas.
2.
Street trees. A minimum of one deciduous canopy tree per 80 feet of street frontage or fraction thereof shall be required. Trees may be clustered and need not be evenly spaced. Trees should preferably be located within a planting strip between the sidewalk and the curb, within a landscaped median strip, or in tree wells installed in pavement or concrete.