Suamico City Zoning Code
§ 18.23 TCOD
Town Center Overlay District.
(1)
Purpose of the Town Center Overlay District (TCOD).
(a)
The TCOD is intended to permit developments that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicular traffic; to create more active social places; to provide an opportunity for developers to create economic activities that serve the needs of Village residents; to provide attractive recreation, green spaces, town squares and plazas, and public activity spaces as integral parts of the development; to enable economical design of utilities and community facilities; and to ensure adequate standards of construction and planning. The TCOD under this section will allow for flexibility of overall development design, with benefits from such flexibility intended to be derived by both the developer and the community, while at the same time maintaining, where judged appropriated by the Board, other standards or use requirements as set forth in the underlying base zoning district. The TCOD shall be applicable only within the district as depicted in the accompanying map within the Town Center Plan (TCP).
(b)
The unified and planned development of a site in a single, partnership, or corporate ownership or control or in common ownership under the Unit Ownership Act set for in Wis. Stats. Ch. 703 (condominiums) may be permitted by the Village upon specific petition, with such development encompassing one or more principal uses or structures and related accessory uses or structures, when all regulations and standards as set forth in this section have been met.
(2)
Area Requirements for TCOD Project. Areas designated as a TCOD project shall be under single or corporate ownership or control and shall contain a minimum development area of either one half acres or the size of the lots and parcels existing as of the adoption date of this TCOD.
(3)
Uses, Structures, Lot Area and Dimensions, Density, Parking, Landscaping, Heights, Setback Yards, and Other Requirements. Uses, structures, individual lot sizes, densities, setbacks, yards, dimensional requirements, landscaping requirements, parking requirements, height requirements, and other requirements required by the underlying base use district may be modified and shall be considered as permitted uses if, in the judgement of the Planning and Zoning Commission, Design Review Commission, and Board, the proposed project is compatible with the site design, illustrations, guidelines, and related features as shown in the TCP.
(4)
Procedure.
(a)
Pre-Petition Conference. Prior to official submittal of the petition for approval of a proposed project or development for the TCOD, the owner or his or her agent making such petition shall meet with the Village Staff to discuss the scope and proposed nature of the contemplated development. Subsequent to such meeting, all costs for Village Staff and consultants associated with the proposed project shall be borne by the owner or his or her agent by agreement with the Village.
(b)
The Petition. Following the pre-petition conference, the owner or his or her agent may file a petition with the Planning and Zoning Commission and Design Review Commission for an approval of a TCOD proposal thereby permitting the application of the provisions of this section to the designated area.
(c)
Such petition shall be accompanied by the appropriate fee as well as a statement which sets forth the relationship of the proposed project to the TCOD, the TCP, and any other plans or studies deemed relevant by the Village and the general character and use of all structures and site changes to be included in the proposed project, including but not limited to the following items:
1.
Total area to be included in the project, are of open space, commercial area computations, parking and traffic estimates, density computations, proposed number of dwelling units, population analysis, availability of or requirements for municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.
2.
A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
3.
A general outline of the organizational structure of a property owner or management association, which may be proposed to be established for the purpose of providing any necessary private services.
4.
Any proposed departures from the standards of development as set forth in the Village zoning regulations, land division ordinance, sign ordinance, other Village regulations or administrative rules or other guidelines.
5.
The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.
(d)
Subsequent to or in conjunction with the petition (as determined by Village Staff), the applicant shall submit a general development plan (GDP) which shall include, in addition to other site plan and architectural review requirements, the following:
1.
A preliminary plat or certified survey map, if required, depicting the plan of the development.
2.
A legal description of the boundaries of lands included in the proposed project.
3.
A description of the relationship between the proposed project and the surrounding areas, including all other areas within the boundary to the TCP as requested by Village staff.
4.
The location of roads, driveways, parking facilities, sidewalks, trails, bicycle facilities, and related circulation components.
5.
The size, arrangement, and location of any individual building sites and proposed building groups on each individual lot.
6.
The location of recreational and open space areas and areas reserved or dedicated for parks, town squares or town plazas, and drainage ways.
7.
The type, size, and location of all structures.
8.
Specific landscaping treatment, including detailed street cross sections showing roadside landscaping standards.
9.
Architectural plans, elevations and perspective drawings and sketches illustrating the design and character of proposed structures.
10.
The existing and proposed location of sanitary sewer, water supply facilities and stormwater drainage facilities.
11.
The existing and proposed location of all private utilities or other easements.
12.
Characteristics of soils related to contemplated specific uses.
13.
Existing topography onsite with contours at no greater than two foot intervals.
14.
Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.
15.
If the development is to be staged, a staging plan.
(5)
Referral to Planning and Zoning Commission. The petition and GDP for a TCOD shall be referred to the Planning and Zoning Commission for its review and recommendation with regard to all aspects of the GDP except those to be submitted to the Design Review Commission as listed in Section 18.23(6) below. The Planning and Zoning Commission may add any additional conditions or restrictions which it may deem necessary or appropriate to promote the spirit and intent of this section and the purpose of this section or may reject or recommend denial of the application as inconsistent with the goals, intentions, or details of the TCP.
(6)
Referral to Design Review Committee. The petition and GDP for TCOD shall be referred to the Design Review Committee for its review and recommendation with regard to the design, architecture, and materials to be used in the proposed structures, proposed lighting plan and light fixture style, landscaping plan, and signage. The Design Review Committee may add any additional conditions or restrictions which it may deem necessary or appropriate to promote the spirit and intent of this section and the purpose of this section or may reject or recommend denial of the application as inconsistent with the goals, intentions, or details of the TCP.
(a)
If the proposed development includes a historic structure, historic site, or is located within a historic district as designated through the procedures outlined in Chapter 16 Subchapter IV the submissions to the Design Review Committee shall instead be made to the Historic Preservation Commission for its review and recommendation.
(7)
Basis for Approval.
(a)
The Planning and Zoning Commission and Design Review Committee in making its recommendations and the Board in making its determinations shall consider:
1.
Whether the petitions for the proposed TCOD project have indicated that they intend to begin the physical development of the designated project within 12 months following the approval of the petition for a TCOD project and that the development will be carried out according to a reasonable construction schedule satisfactory to the Village.
2.
Whether the proposed TCOD project is consistent in all respects with the purpose of this section and with the spirit and intent of this section; is in conformity with the TCP and other Village plans and studies that are relevant to this area; that such development would not be contrary to the general welfare and economic prosperity of the Village or of the immediate neighborhood; and that the benefits and improved design of the resultant development justify the establishment of a TCOD project.
(b)
The Planning and Zoning Commission, Design Review Committee, and the Common Council shall not give their respective recommendations or approvals unless it is found that:
1.
The proposed site shall be provided with adequate drainage facilities for surface and storm waters.
2.
The proposed project shall be accessible from roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.
3.
No undue constraint or burden will be imposed on Village services and facilities.
4.
Adequate utilities shall be provided.
5.
Adequate guarantee is provided for permanent preservation of open space areas, town squares and plazas, green spaces, and other open spaces as shown on the approved site plan either by private reservations and maintenance or by dedication to the public.
(8)
Changes or Additions. Any subsequent change or addition to the plans or uses shall first be submitted for approval to the Planning and Zoning Commission, and if in the opinion of the Planning and Zoning Commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Board shall be required and notice thereof shall be given pursuant to the provisions of this section.
(9)
Developer's Agreement and Restrictive Covenants. The terms and conditions of the TCOD shall be set forth in a developer's agreement and restrictive covenants as deemed necessary by the Village.
(10)
Excluded Areas. Lands currently zoned Agricultural-Farmland Preservation are not eligible for inclusion in any Town Center Overlay District.