The planned unit development (PUD) special use is intended to encourage and promote improved environmental design by allowing for greater freedom, imagination and flexibility in the development of land, while assuring substantial compliance to the basic intent of the zoning ordinance and the comprehensive plan. Such developments are intended to be enhanced by coordinated site planning and mixing of compatible uses. Such developments are also intended to provide a safe and efficient system for pedestrian and vehicular traffic; to provide attractive recreation and open spaces as an integral part of the development; to enable efficient design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. Flexibility granted to developers through the use of the PUD special use shall be repaid through the provision of enhanced design or other such benefit that may be derived by both the developer and the community.

(Ord. No. 2017-14, § 1, 6-27-2017)

Single Ownership. A proposed PUD shall be a tract of land under single control. No authorization or permits shall be granted for such development unless the applicant has acquired actual ownership of or executed a binding sales contract for all of the property within the proposed PUD. For purposes of this section, ownership shall include a lease of not less than fifty (50) years duration. The term "single control" shall include ownership by an individual, corporation, partnership, association, trustee, or other legal entity.

(Ord. No. 2017-14, § 1, 6-27-2017)

The following exemptions to the development standards of the zoning ordinance may be provided in a PUD. Such exemptions shall be governed by the approved specific implementation plan, along with the recorded plan itself, and enforced as part of this title.

A.

Land Use. Any use may be permitted in a PUD subject to an approved specific implementation plan. There may be a combination of land uses, including a variety of residential types, commercial, industrial, public and semi-public areas, arranged and designed in accordance with sound land planning principles and development techniques; and in such a manner as to be properly related to each other, the surrounding community, the transportation system, and other public facilities such as water and sewer systems, parks, schools and utilities.

B.

Height, Area, and Setback. Specific lot area, lot width, setback, height, yard, floor area ratio, and open space requirements may be established for the PUD subject to an approved specific implementation plan.

C.

Parking and Loading. Flexibility in the design and location of off-street parking facilities and loading areas is permitted with the approval of such facilities by the city engineer; however, in no case shall gravel parking areas be permitted.

D.

Signage. Flexibility in the design and location of signage is permitted; however, in no case shall pylon signs be permitted.

(Ord. No. 2017-14, § 1, 6-27-2017)

The process for initiating a PUD request shall be as outlined in this chapter. The PUD review process includes: (1) pre-application conference, (2) application and general development plan (GDP) filing and review, and (3) specific implementation plan (SIP) filing and review.

A.

Pre-Application Conference. In order to eliminate unnecessary expenditures of time and money, the applicant shall first schedule a pre-application conference with the community development department to discuss the scope and nature of the proposed development. A preliminary sketch and a narrative description shall be submitted to the community development department in advance of the pre-application conference.

B.

Application and General Development Plan (GDP) Filing. After a general consensus has been reached by the applicant and City staff as to the general conceptual layout of the proposed PUD at the pre-application conference, the applicant may file an application and GDP with the community development department. The application shall be accompanied by a filing fee in in the amount established by resolution, as well as five 24-inch by 36-inch" hard copies and a digital copy of the GDP, the contents of which shall include all items listed in Section 17.72.050. Such application shall be signed by the owner(s) of every property within the boundaries of the proposed PUD.

C.

General Development Plan (GDP) Review.

1.

Within forty-five (45) days after the filing the GDP, the plan commission shall hold a public hearing on the GDP and shall forward to the city council a written report recommending that the plan be approved, disapproved or approved with conditions, and giving the reasons for the recommendations. In making its determination, the plan commission shall consider criteria set forth in Section 17.72.070.

2.

Within thirty (30) days after the plan commission public hearing, the city council will consider the GDP at a regular meeting and will either approve or reject the GDP, or refer the GDP back to the plan commission for further report. If tentative approval is granted subject to conditions, the applicant shall, within forty-five (45) days after receiving a copy of the written resolution of the city council, notify the city council of the acceptance or refusal to accept all of such conditions. Refusal of the applicant shall constitute a denial of the GDP by the city council. Failure of the landowner to notify the city council of his or her acceptance or denial of the conditions to the GDP constitutes acceptance of the conditions.

3.

Approval of the GDP shall establish the basic right of use for the area but such approval shall be conditional upon further conformity as required in the specific implementation plan.

D.

Application and Specific Implementation Plan (SIP) Filing. Once a GDP has been approved by city council, the applicant shall file an application and a SIP with the community development department within twelve (12) months of said approval. If a SIP is not submitted within twelve months, the applicant shall be required to resubmit a GDP subject to all requirements of this section. The application shall be accompanied by a filing fee in in the amount established by resolution, as well as five 24-inch by 36-inch hard copies and a digital copy of the SIP, the contents of which shall include all items listed in Section 17.72.060. Such application shall be signed by the owner(s) of every property within the boundaries of the proposed PUD.

E.

Specific Implementation Plan (SIP) Review.

1.

If the SIP as submitted is not in substantial compliance with the GDP, the plan commission or its designee shall notify the landowner regarding the aspects of the SIP that are not in compliance. The landowner may:

a.

Treat such notification as denial of the final approval;

b.

Refile his or her SIP so that it does comply with the GDP.

2.

Within forty-five (45) days after the filing of the SIP, the plan commission shall forward to the city council a written report recommending that the plan be approved, disapproved or approved with conditions and giving the reason for the recommendations.

3.

Within thirty (30) days after the receipt of the plan commission report the city council shall refer either approve or reject the SIP, or refer the SIP back to the plan commission for further report.

4.

If the SIP or any section thereof is given final approval and thereafter the landowner abandons the plan or any section thereof that has been finally approved and notifies the city council in writing; or, if the landowner fails to commence the PUD within eighteen (18) months after final approval has been granted, such final approval shall terminate and be deemed null and void.

F.

Approval of Plan. Upon approval of the SIP, the following shall be recorded in the county register of deeds office by the landowner within sixty (60) days of approval:

1.

The building, site and operational plans for the development as approved;

2.

All other commitments and contractual agreements with the city offered and 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 SIP. This shall be accomplished prior to the issuance of any building permit.

G.

Changes or Additions to Plan. Any subsequent change or addition to the SIP shall first 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 GDP, the procedure provided in Section 17.72.040(C) shall be required.

(Ord. No. 2017-14, § 1, 6-27-2017)

The general development plan (GDP) shall include the following information and materials:

A.

A narrative description and accompanying table(s) of the proposed development including, at minimum, the following information:

1.

A statement that sets forth the relationship of the proposed PUD to the city's adopted comprehensive plan for the City of River Falls or any adopted component thereof and the general character of the uses to be included in the proposed PUD.

2.

A statement of any proposed departures and requested waivers from the standards of development as set forth in other city zoning regulations, land division ordinance, sign ordinance and other applicable regulations.

3.

Total area in acres of the proposed PUD as well as total acres devoted to each land use, open space, and right-of-way.

4.

Total area in acres to be reserved or dedicated for public uses and description of such uses.

5.

Total number of dwelling units and residential density computations.

6.

Percentage of total site coverage of the proposed PUD (i.e. impervious surfaces).

7.

Height and area in square footage of all proposed buildings.

8.

Approximate retail sales floor area and total area proposed for commercial development.

9.

Anticipated employment (i.e. number of employees) in the entire development and in each major portion thereof.

10.

Applicable information with respect to school enrollment or other social or economic characteristics of development.

11.

A general outline of the intended organizational structure related to property owner's association, deed restrictions and private provision for common services.

12.

A summary of the estimated value of structures and site improvement costs, including landscaping and special features.

13.

A timeline for the staging of development including project commencement and anticipated completion.

14.

Estimate of project value, including all site improvement costs.

15.

Any other pertinent data necessary for a comprehensive evaluation of the proposed development.

B.

An existing conditions map of the PUD and the area within three hundred (300) feet depicting the following information:

1.

Existing topography at two-foot intervals.

2.

Lot area, property boundaries, easements and dimensions.

3.

Existing buildings (including overhangs), driveways, parking areas and dimensions.

4.

Streams, lakes, wetlands, floodplains, hydric soils, wooded areas, and any other significant environmental features.

5.

Private and public facilities, including but not limited to utilities, streets, parks, and historic resources.

6.

Existing small utilities (i.e. phone, cable, gas).

C.

Conceptual plan maps of the project depicting: The proposed land uses, lot layout, street configuration, utilities, open space, landscape areas, and location of structures and densities of any proposed dwelling units.

(Ord. No. 2017-14, § 1, 6-27-2017)

The specific implementation plan (SIP) shall include the following detailed construction and engineering plans and related documents and schedules:

A.

An updated (if necessary) narrative description and accompanying table(s) of the proposed development including, at a minimum, all information listed under Section 17.72.050(A).

B.

A legal description of the boundaries of lands included in the proposed PUD.

C.

A complete set of development plans prepared by a licensed engineer or landscape architect including the following sheets. All sheets shall include a date, graphic scale, and north arrow.

1.

Cover sheet indicating:

a.

The name of the proposed PUD, the name and address of the owner, engineer, land surveyor and/or land planner.

b.

Vicinity map depicting the location of the proposed PUD in relation to surrounding development.

2.

Conceptual plan depicting:

a.

Proposed layout of PUD with lots, buildings, and proposed land uses.

b.

Locations of proposed institutional, recreational, open space, or other areas reserved for public use.

3.

Demolition plan depicting any demolition to occur on the site (if applicable).

4.

Site plan depicting:

a.

Boundary of PUD and proposed lots with dimensions including total square footage and front, rear, and side yard setbacks.

b.

Size, arrangement, and location of any individual building sites and proposed building groups on each individual lot.

c.

Location of fences and access and utility easements.

d.

Curve radii and centerlines of existing and proposed access points, streets, fire lanes, and other rights-of-way with dimensions.

e.

Acceleration, deceleration and passing lanes with dimensions (if applicable).

f.

Existing and proposed sidewalks or pathways within the site and in the right-of-way with dimensions.

g.

Traffic regulatory signs and pavement markings.

h.

Dimensions of existing and proposed parking, including parking stalls, drive aisles, landscape islands, and loading zones.

i.

Existing driveways and street intersections within three hundred (300) feet of the proposed PUD.

j.

Site summary including site area, building area coverage, and total parking spaces.

5.

Grading, drainage, and erosion control plan depicting:

a.

Existing and/or final topographic contours.

b.

Existing and proposed impervious surfaces.

c.

Streams, lakes, wetlands, floodplains, hydric soils, wooded areas, and any other significant environmental features.

d.

Location of existing drainage courses, floodplains, streams, wetlands, and other water bodies.

e.

Site grading, drainage pattern, and other stormwater management measures.

f.

Method of drainage proposed (detention/and retention ponds, catch basins, culverts, etc.) including grading, side slopes, depth, high water elevation, volume and outfalls, and calculations.

g.

Underground building opening elevation at which water would enter the building if the building were surrounded by water. The elevation may correspond to:

i.

The lowest walkout level.

ii.

The lowest wall at a window well formed by foundation walls.

iii.

The lowest window opening not protected by a foundation or window well.

h.

Elevation of all property corners and ground elevation at front and rear of the buildings.

i.

Proposed temporary and permanent erosion control best management practices.

j.

City shoreland zoning setbacks (data to be provided by city).

6.

Utility plan depicting:

a.

Existing and proposed water and sanitary sewer mains, services, and hydrants.

b.

Existing and proposed above and below ground gas, electric, and telephone lines.

c.

Transformers and utility boxes, including locations and dimensions.

d.

Location of any other existing and proposed private utilities.

e.

Utility easements.

7.

Building and structure plans depicting:

a.

Location, height, and exterior dimensions of all proposed structures including building overhangs, patios, decks, and accessory structures.

b.

Building floor plans and total floor area, including number of dwelling units and height of stories.

c.

Color building elevations for all sides, including details on all exterior building materials.

d.

Exterior mechanical equipment, screening, and utility connections.

8.

Lighting plan specifying:

a.

Location, size, height, and shielding for all lighting fixtures proposed for the site.

b.

Detailed information on each light fixture including a copy of the manufacturers catalog information sheet.

c.

Detailed information on the hours of illumination and degree to which the proposed exterior night lighting will affect adjacent properties.

9.

Landscaping plan specifying:

a.

Location, species, and size of all existing trees on the site including identification of what is to be removed and what is to be preserved.

b.

General location of all other existing plant materials, including identification of type and what is to be removed and to be preserved.

c.

Location, species, and installation size of all proposed shrubs, trees, and other live plant material.

d.

Location, size, height, and construction materials for all fences, walls, berms, or other landscape screening device.

e.

Buffers to any adjacent property, if any.

10.

Signage plan depicting the location, type, color, and dimensions of all temporary and permanent entrance features or other signs on buildings or on the site.

11.

Any other pertinent data necessary for a comprehensive evaluation of the proposed development including, but not limited to:

a.

Location and dimensions of refuse and recycling collection areas.

b.

Location and dimensions of fences, walls, and screening devices, including height, length, color and materials.

c.

Outdoor seating areas (indicating square footage).

D.

Phasing plan, if the SIP is to be executed in phases, indicating:

1.

The approximate date when construction of the project can be expected to begin.

2.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.

3.

The anticipated rate of development.

4.

The approximate date when the development of each of the stages will be completed.

5.

The area and location of common open space that will be provided at each stage.

E.

Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, common open areas or other facilities.

F.

Proof of financing capability to complete the PUD project.

G.

All conditions agreed to by the applicant which are not included in the written documentation required by this section shall be part of the development plan.

H.

Any other plans, documents or schedules requested by the Community Development Department or the plan commission.

(Ord. No. 2017-14, § 1, 6-27-2017)

As a basis for determining the acceptability of a PUD application, the following criteria shall be considered in the review process. The proposal will be reviewed to ensure it is consistent with the stated objectives of PUDs as outlined in Section 17.72.010, is consistent with the comprehensive plan and official map of the City of River Falls, has been prepared with competent professional advice and guidance, and produces significant benefits in relationship to the purpose and intent of this chapter.

A.

Community Benefits. The proposed PUD to be developed shall be beneficial to the City of River Falls as a whole, in addition to the area being proposed for development. For example, the authorized distribution of buildings, streets and open space will permit better site planning and thus benefit both the residents of the PUD and the city as a whole.

B.

Character and Intensity of Land Use. The proposed uses and the density, intensity, and general layout of the site shall:

1.

Be compatible with the physical nature of the site; where possible, natural features and trees shall be preserved.

2.

Create an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the plans for the area as established by the community.

3.

Not adversely affect the anticipated provision for school or other municipal services.

4.

Not create traffic or parking demand incompatible with the existing or proposed facilities to serve it.

5.

Not unduly increase the density of population or intensity of use to the detriment of areas outside the area by restricting access to light and air or by creating traffic congestion.

6.

Be compatible with existing development surrounding the proposed PUD.

C.

Economic Feasibility and Impact. Evidence that the PUD would not adversely affect the economic prosperity of the city or the values of surrounding properties.

D.

Engineering Design Standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting, location of sewer and water lines, provision for storm water drainage or other similar environmental engineering considerations shall be based upon a determination of appropriate standards necessary to implement the specific function in the specific situation. In no case shall standards be less than those necessary to assure the public safety and welfare as determined by the city.

E.

Preservation and Maintenance of Open Space. Adequate provision shall be made for the permanent preservation and maintenance of common open space by private reservation and that the care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the PUD.

(Ord. No. 2017-14, § 1, 6-27-2017)

A.

A certified copy of the final approved SIP shall be filed in the community development department and the office of the city clerk prior to issuance of any form of development permits including building permits and if no construction has begun within eighteen (18) months of the approval of said plan, the plan shall lapse and be of no further effect. This period may be extended by the council for good cause.

B.

All construction within a phase shall be completed within three years of final approval. This period may be extended by the council for good cause. Failure to comply with the time periods in this section shall justify action to rezone the area or part thereof.

(Ord. No. 2017-14, § 1, 6-27-2017)