(1)

Purpose. The regulations contained in this section are established to encourage imaginative design of coordinated land uses and to provide for greater flexibility and design freedom than permitted under the basic district regulations, if such development is found to be in accordance with the purpose, spirit and intent of this ordinance, and is found not to be harmful or otherwise adverse to the environment, the character of the neighborhood, or the health, safety and welfare of the community. They are also intended to permit and encourage diversification and variation and in the relationship of uses, structures, and open spaces for those developments that are conceived and implemented as comprehensive unified projects. They are further intended to encourage more efficient use of public services and improvements, and to encourage and facilitate preservation of open space and other natural features such as woodlands, floodplains and wetlands. Finally, they are intended to ensure a high level of detail and scrutiny for certain large or intensive developments which potentially exert a high level of influence on the character of the neighborhood or community.

(2)

Controlling regulations. For any PUD, the regulations and standards established in this section shall be substituted for the general regulations and standards set forth elsewhere in the city zoning ordinance. A PUD showing a condition that would require a variance under a different section of this chapter shall not require a variance under this section but such conditions shall be handled as part of the PUD approval process.

(3)

Requirements. All proposed planned unit developments must meet the following requirements:

(a)

[Approval by city council.] PUD districts shall be approved by the city council on the recommendation of the plan commission, in accordance with procedures prescribed for zoning amendments by § 62.23, Wis. Stats.

(b)

[Conform to city council approved plans.] All land development and maintenance of improvements shall conform to the plans approved by the city council, unless amendments are approved.

(c)

Underlying zoning. A planned unit development may overlay any zoning district subject to the procedures and standards set forth. Each PUD shall also be zoned to contain an underlying zoning district(s). Failure to implement the PUD development plan within established conditions and time frames shall result in the zoning of the subject property reverting to the underlying zoning district(s).

(d)

When required. Approval of a PUD shall be required for any single-family residential or two-family residential development with two or more principal buildings on a lot.

(e)

[Conform to zoning district requirements.] Except as authorized through the approved final development plan or as stated in the approved PUD ordinance, all uses, buildings and lots shall conform to the requirements of the applicable underlying zoning district.

(f)

[Provide adequate access.] Adequate access to public streets and proper internal circulation must be provided. Access and circulation shall adequately provide for firefighting and emergency equipment, service deliveries, refuse collection, and utility equipment.

(g)

Ownership. The total site area of the planned unit developments shall remain under one ownership and/or unified control. A sale of a portion of a parcel designated PUD may occur only after a final plat of subdivision or certified survey map is approved and recorded. Further, no final plat of subdivision or certified survey map for a parcel designated PUD shall occur until a final planned development plan has been approved by the city council of the City of Sturgeon Bay. However, the city shall continue to treat the subdivided parts as a single PUD and require the individual parcel owners to conform with the previously approved final planned development.

(h)

Required sewer and water. All habitable buildings within a PUD shall be served by a sanitary sewage system and a public water supply system owned and operated by the City of Sturgeon Bay. Sanitary sewer and water mains internal to a PUD shall be located in appropriate easements granting access for maintenance purposes to the City of Sturgeon Bay. Such easements shall not be construed to include a transfer of ownership of the mains of the city.

(i)

Street improvements. All public streets and street improvements shall be designed by a registered professional engineer. The width of streets and the design of the pavement and other structures shall be based upon their intended use, shall be related to the overall design of the PUD, and shall be constructed to the standards of the subdivision regulations of the City of Sturgeon Bay.

(j)

Required setbacks. All structures located on the perimeter of a PUD shall be set back from the property line or street right-of-way a distance equal to or greater than the required setback in the adjacent zone. Interior yards and setbacks shall be in conformity with good site planning practice. Any variations must be identified.

(k)

Bonding required. A bond or letter of credit to cover the cost of required public improvements submitted prior to issuance of any permits for the PUD.

(l)

Stormwater management. Surface drainage and storm water detention facilities shall be designed so that the runoff from the developed site shall not exceed the runoff from the site in its natural state during a storm of two year frequency. Elements of the design regarding method of drainage computation, allowance for off-site runoff, maximum ponding depths, and other considerations shall meet the approval of the city engineer.

(4)

Review criteria. In reviewing proposed planned unit developments, the plan commission and common council shall consider whether the proposed development is consistent with the spirit and intent of this ordinance, has been prepared with competent professional advice and guidance, and produces benefits to the city compared to conventional development. In addition, consideration shall be given as to whether the PUD meets the following criteria, as applicable:

(a)

Is compatible with the City of Sturgeon Bay comprehensive plan and other pertinent plans.

(b)

Provides for land uses which will be compatible both internally and with existing surrounding land uses.

(c)

Represents a creative approach in land development in regard to:

1.

Integrating land uses or residential types.

2.

Gaining efficiencies in the provision of transportation facilities, utilities, and other public improvements.

3.

Promoting/maintaining the existing beneficial physical and cultural features of the site, such as views to/from the site, historic buildings, geologic features, etc.

4.

Minimizing the impact of site development constraints, such as areas of poor soils, unfavorable topography, drainage courses, areas with poor sight distance for vehicular access, etc.

(d)

Conserves to the degree possible environmentally sensitive areas, including wetlands, floodways, and steep slopes.

(e)

Addresses the open space and recreation needs of future residents and/or and other community purposes.

(f)

Would not adversely affect the provision of sanitary sewer, water, fire and police protection, snow removal and other municipal services.

(g)

Provides safe and adequate transportation facilities for pedestrians, bicycles, and motor vehicles.

(h)

Is economically practical.

(i)

By virtue of its benefits to the city and overall conformance to the purpose and intent of the zoning code, justifies the intended variations from the strict interpretation of the zoning code, and justifies specific special uses requested.

(5)

Procedures.

(a)

Preapplication meeting. Developers shall meet with city staff and discuss the proposed PUD prior to formal application. The purpose of the developer meeting with the staff is to exchange information. Staff shall explain their current jurisdictional regulations and policies to the developer, as well as comprehensive plan recommendations pertaining to the subject property. The developer shall be prepared to discuss the general concept of the PUD, including property boundaries, proposed land uses, densities, and conceptual layout.

(b)

Conceptual planned unit development review.

1.

Following the preapplication meeting, the developer shall appear before the plan commission to informally discuss the initial concept for the proposal. The purpose of the conceptual PUD review is for the plan commission to provide feedback to the developer regarding the concept of the proposed development and zoning changes. The commission members may comment on the general acceptability of the concept and on specific aspects of the development that should be included, excluded, altered, or otherwise addressed as the project moves through the review process. However, the plan commission shall not be required to provide a formal position statement on the proposal. The developer shall not be required to comply with any comments which are offered by the plan commission during the conceptual PUD Review, but shall take any comments under advisement in producing the preliminary PUD.

2.

Applications. Applications for the conceptual planned unit development review shall be submitted on forms provided by the city at least two weeks prior to the scheduled plan commission meeting. Applications shall contain a full legal description and map of the subject property and 20 copies of the general concept plan showing (as applicable) all existing and proposed streets, existing and proposed land uses, residential densities, total site area, access and parking areas, approximate building sites, important physical features (both natural and manmade), and other information desirable for promoting meaningful review of the proposed project. After review for completeness by staff, the application shall be placed on the appropriate city plan commission agenda for review.

(c)

Preliminary planned unit development review. Following the preapplication meeting and the conceptual PUD review, a preliminary planned unit development shall be reviewed.

1.

Review procedure. Preliminary PUDs shall be reviewed by the plan commission, and by the city council consecutively.

a.

Public hearing. All preliminary planned unit development applications shall require a public hearing before the plan commission. The public hearing shall be noticed by the city as a class 2 notice as required by Wisconsin Statutes, and the city shall give notice, by regular mail, of the proposed changes to all property owners whose property lies within 300 feet measured in a straight line, from the exterior boundary of the property subject to the proposed PUD. Said notice shall be mailed at least ten days prior to the hearing, however failure of a neighboring property owner to receive such mailed notice shall not invalidate a public hearing. In addition, applicant shall post signage visible to every facing street at least ten days prior to the hearing. The signage shall identify the property as being the subject of a public hearing and identify the appropriate city office that may be contacted for information.

b.

Plan commission recommendation. The plan commission shall make a recommendation at a subsequent meeting after the public hearing. However, the plan commission can modify this requirement by an unanimous vote of the members present after conducting the public hearing and make a recommendation at the same meeting as the public hearing. The plan commission shall make a recommendation within 90 days of the submittal of the preliminary PUD, unless such time period is extended by mutual agreement with the applicant. If action on the planned unit development application is delayed more than 120 days from the date of the public hearing, a new public hearing shall take place. The plan commission may grant up to a 60-day extension if warranted by extenuating circumstances.

c.

Common council. After the recommendations of the plan commission (or if the plan commission fails to make a recommendation within the required time period), the preliminary PUD proposal shall be reviewed by the common council. The council shall approve, conditionally approve, or reject the preliminary PUD within 45 days after the recommendation (or failure to make a recommendation) of the plan commission, unless such time period is extended by mutual agreement with the applicant. Any approval may include conditions and restrictions to protect the public interest and adjacent areas, improve the development and assure compliance with the provisions and intent of this section. Any preliminary PUD which has not been approved by the common council within the such time frame (or mutual extension thereof) shall be deemed denied.

2.

Preliminary PUD application. Applications for preliminary PUD review on forms furnished by the city must be submitted to the city a minimum of 30 days prior to the hearing date. The city may require an earlier submittal date if the proposed PUD is expected to require additional staff review time. The hearing date shall not be established until all required materials are received by the city. The submittal for a preliminary PUD shall contain all information required in the application form and shall also include the following (as applicable):

a.

Twenty folded copies of a site plan indicating:

1)

Project title.

2)

Notation that the plan is a "Preliminary Planned Unit Development Site Plan".

3)

Name and address of developer and preparer of plans.

4)

Date.

5)

Scale (1" = 100" or larger).

6)

North point.

7)

Legal description of the exterior boundaries of the proposed PUD either on the site plan or as an attachment.

8)

Area of entire parcel and approximate areas of the different land use parcels.

9)

Proposed number of units and density of the various residential land use parcels (based on area net of public rights-of-way).

10)

Approximate location of buildings proposed.

11)

The contiguous property within 100 feet showing location of streets, easements, utilities, property lines and principal structures.

12)

Location of proposed streets, access driveways, pedestrian and bicycle paths, and parking areas.

13)

Location and approximate areas of parcels to be dedicated to public bodies and/or reserved for property owner associations.

14)

100-year floodplain limits.

15)

Wetlands and drainage courses.

b.

Topographic map showing proposed two-foot contour intervals after development, unless waived by the city engineer.

c.

Details of all variations from the underlying zoning district requested in the PUD. If no variations are requested, so state none are being requested.

d.

Traffic impact analysis indicating (may be waived by the city engineer if the project size is not expected to have substantial impact upon the existing road system):

1)

Traffic generation of proposal.

2)

Impact on existing traffic.

3)

Improvements needed to minimize negative impact of site generated traffic on street network.

e.

Proof of ownership. If ownership is in a trust, corporation, LLC, LLP, partnership, or other type of entity, the ownership of the entity, trustees, shareholders, beneficial owners, etc. shall be disclosed.

f.

Conceptual landscaping plan.

g.

Conceptual stormwater management plan.

h.

Conceptual utilities plan.

(d)

Final planned unit development review. Following approval of the preliminary PUD by the city council, a final PUD shall be reviewed.

1.

Partial final PUD. Final PUD approval may be sought for the entire PUD or segments thereof. However, if final PUD approval is sought for a portion of the PUD, the segment must conform to the previously approved preliminary PUD. Improvements on or off site necessary to support the PUD, or segment thereof, shall be required.

2.

Conformance with approved preliminary PUD. The final PUD must be in general conformance with the previously approved preliminary PUD plans. If the final PUD plans are substantially different than the preliminary PUD, then the development must be reviewed as a new preliminary PUD proposal.

3.

Review procedure. Final PUDs are reviewed by the plan commission and the city council consecutively.

a.

Plan commission recommendation. The plan commission shall review the final PUD on the basis of criteria set forth herein and forward its recommendations to the city council within 45 days after a completed submittal has been received from the petitioner, unless such time period is extended by mutual agreement with the applicant.

b.

Common council. The city council shall take under advisement the recommendations of the plan commission when considering the final PUD. The city council shall approve, approve with modifications, or disapprove the final PUD within 60 days of the plan commission recommendation unless an extension is established through mutual agreement with the petitioner. Failure to approve the final PUD within 60 days of the plan commission recommendation, and without an extension through mutual agreement with the petitioner, shall be deemed a disapproval of the PUD application. Should the final PUD be disapproved by the city council, the petitioner may resubmit revised plans to the city council for reconsideration, if permission to submit is requested and granted by the council.

c.

Zoning map amendment. Upon approval of the final PUD plan, the city council shall authorize the planned development in accordance with the approved development plan and such modifications the board may make to said plans through the adoption of an ordinance for the PUD zoning amendment. Upon final approval of the ordinance, the designated PUD shall be recorded on the city zoning map.

4.

Final PUD application. An application and materials required for final PUD review must be submitted to the city a minimum of two weeks prior to the meeting date for consideration by the plan commission. The city may require an earlier submittal date if the proposed PUD is expected to require additional review time. Meeting dates shall not be established until all required submittals are received by the city. The materials required to be submitted to the city to initiate a review of a final PUD include the following (as applicable):

a.

Twenty folded copies, and two copies no larger than 11 inches by 17 inches or other recordable format approved by the register of deeds of a site plan indicating:

1)

Project title.

2)

Notation the plan is a "Final Planned Unit Development Site Plan."

3)

Name and address of developer and preparer of plans.

4)

Date.

5)

Scale (1" = 100" or larger).

6)

North point.

7)

Underlying zoning district for each portion of the PUD.

8)

Location of proposed streets showing proposed dimensions of rights-of-way and pavement and whether intended to be private or public.

9)

Location and areas of parcels to be dedicated to public bodies and/or reserved for property owners associations.

10)

100-year floodplain limits.

11)

Wetland limits and drainage facilities.

12)

Transportation facilities, including access driveways, bicycle and pedestrian paths, sidewalks and parking areas.

13)

Building locations.

b.

Specific details by parcel for separate zoning districts or areas of differing use intensity to include:

1)

Proposed uses.

2)

Net area (gross area less public right-of-way area).

3)

Building coverage, floor area, and height.

4)

Parking spaces.

5)

Number of housing units by bedroom mix and net density.

6)

Impervious surface coverage.

7)

Floor plans.

c.

Landscaping plan, including berming and/or fencing where proposed.

d.

Building elevations (all sides).

e.

Development schedule by phase including projected start and completion dates, and proposed date of dedication of public areas.

f.

Covenants and restrictions for ownership, use and maintenance of common areas.

g.

Final engineering plans, including grading plan, utilities plan, and stormwater management plan.

(6)

Minor modifications of final plans. The plan commission may from time to time, approve minor changes within the project, but such changes shall not be of a nature that would affect the character and standard of the PUD.

(7)

Formal subdivision of parcels in a planned unit development.

(a)

Any land division of any parcel designated PUD shall conform to the approved PUD and shall require the city approval of a plat or certified survey map, as applicable. For purposes of dividing land, the final PUD may be considered a preliminary plat of subdivision.

(b)

If approval of final PUD plans are sought for a segment of a planned development for which preliminary PUD plans have been approved, a final plat of subdivision for the segment must be approved by the city council before permits will be approved.

(8)

Combined preliminary and final PUD review. The proposed developer of a PUD may request a combined preliminary and final planned unit development review. Said combined review will only be permitted with plan commission approval, and must be requested at the time of the plan commission conceptual PUD Review. Scheduling of hearings and meetings shall adhere to the time frames established for preliminary PUD review. An official submittal for combined preliminary and final PUD review must contain all required submittal items specified in subsection (5)(c)3. and subsection (5)(d)3.

(9)

Failure to begin planned unit development. Unless the petitioner or a successor to the petitioner has substantially completed construction of the public improvements and has commenced construction of the uses approved in the PUD, the PUD shall automatically lapse two years after the date of approval by the city council. The city council upon a written petition from the holder of the PUD, may for good cause extend for a period of up to one additional year the period for beginning the PUD. The city council shall be entitled to grant no more than three such extensions beyond the original expiration date for the PUD. If the PUD lapses under the provisions of this section, the city shall remove the PUD from the zoning map and the basic underlying zoning classification approved at the time of approval of the PUD, shall continue in effect.

(Ord. No. 961-1195, § 3, 11-7-95; Ord. No. 993-0897, § 1, 8-19-97; Ord. No. 1038-0400, §§ 2—7, 4-8-00; Ord. No. 1081-1002, § 1, 10-15-02; Ord. No. 1107-0903, § 2, 9-16-03; Ord. No. 1116-1203, § 1, 12-2-03; Ord. No. 1410-0422, § 6, 4-19-22)