1. PURPOSE. (Am. #61-02) The PUD Overlay District is intended to permit development that will, over a period of time, be enhanced by coordinated area site planning, diversified location of structures, diversified building heights and types, and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD Overlay District under this Chapter will allow for flexibility of overall development design with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining insofar as possible the standards or use requirements set forth in the underlying basic zoning district. Pursuant to the authority of sec. 66.1027, Wis. Stats., the PUD Planned Unit Development Overlay District may also be used to accommodate the development or redevelopment of parcels consistent with the design principles of traditional neighborhoods and conservation subdivisions. Traditional neighborhood development means the compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other. A conservation subdivision means a housing development in a rural setting that is characterized by compact lots and common open spaces and where natural features of land are maintained to the general extent possible. Such proposed developments may be considered for approval at locations determined appropriate by the City which would include appropriate conditions. The model ordinance for traditional neighborhood development published by the University of Wisconsin Extension pursuant to sec. 66.1027(2), Wis. Stats., shall serve as a non-exclusive guide to assist in defining various aspects of this form of urban design along with such other sources of guidance that the Plan Commission and Common Council may choose to consult.
2. PERMITTED USES. Uses permitted in the underlying basic use district are permitted uses in the PUD district. Individual structures shall comply with specific building area requirements of the underlying basic use district.
3. MINIMUM AREA REQUIREMENTS. (Am. #12-15) Areas designated as PUD Overlay Districts shall be subject to the following minimum development areas:

   Principal Uses		Minimum Area of PUD
   a.	Residential PUD	1 acre
   b.	Commercial PUD	1 acre
   c.	Industrial PUD	20 acres
   d.	Mixed Compatible Use	20 acres

   The Plan Commission may, in its sole discretion, approve planned-unit development overlay districts having less than the above minimum areas, provided the Plan Commission requires, and the developer agrees, that the development will incorporate supplemental design elements or other site enhancements to compensate for the reduced area. Supplemental design elements and site enhancements may include, but are not limited to: Public art installations, artistic bike racks, enhanced landscaping, upgraded architectural features and materials, fountains, plazas, clock towers, outdoor seating areas, preserved historical features and buildings, additional pedestrian amenities, or design elements that encourage street-level activity.
4. PROCEDURAL REQUIREMENTS.
   1. Petition. An owner or agent thereof of land proposing the creation of a PUD Overlay District shall file a petition with the City Clerk seeking approval of such district. The petition shall be accompanied by a fee as required by Section 22.66. The petition shall contain the following:
      1. A statement setting forth:
         1. The relationship of the proposed PUD Overlay District to the City's adopted master plan, or any adopted component thereof.
         2. The general character of and the uses to be included in the proposed PUD Overlay District.
         3. Total area to be included in the PUD Overlay District, including area for open space, residential density computations; proposed number of dwelling units; population analysis; availability of or requirements for municipal services; and any other similar data relevant to a comprehensive evaluation of the proposed development.
         4. A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.
         5. A general outline of the organizational structure of a property owner's or management's association, which may be proposed to be established for the purposes of providing any necessary private services.
         6. Any proposed departure from the standards of development as set forth in this Chapter or other provisions of the Municipal Code and the Wisconsin Administrative Code.
      2. A general development plan including:
         1. A legal description of the boundaries of the proposed district and its relationship to surrounding properties.
         2. The location of public and private roads, driveways, sidewalks, curbs and parking facilities.
         3. The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.
         4. The location of institutional, recreational, and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainage ways.
         5. The type, size, and location of all structures including rooftop mechanics.
         6. Landscape and screening plans.
         7. Lighting plans for parking lots, security, private drives and product display.
         8. Architectural plans, elevation, and perspective drawings and sketches illustrating the design and character of proposed structures.
         9. The existing and proposed location of public sanitary sewer and water supply facilities.
         10. The existing and proposed location of all private utilities or other easements.
         11. Characteristics of soils related to contemplated specific uses.
         12. Existing topography on the site with contours at no greater than two (2) foot intervals.
         13. Anticipated uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses.
         14. The expected date of the commencement of physical development within the district.
   2. Referral to Plan Commission. The petition for a PUD Overlay District shall be referred to the Plan Commission for its review and recommendation to the Common Council.
   3. Standard of Review.
      1. Prior to submitting its recommendation on the petition to the Common Council, the Plan Commission shall apply the following standards:
         1. Whether the petition indicates whether physical development of the PUD Overlay District will commence within nine (9) months following the approval of the petition and that the development will be carried out according to a reasonable construction schedule satisfactory to the City.
         2. (Am. #61-02) Whether the proposed PUD Planned Unit Development Overlay District is consistent in all respects with the purpose and intent of this Section and this Chapter. In the case of traditional neighborhood development and conservation subdivisions, whether the development is similar to the model ordinance developed pursuant to sec. 66.1027(2), Wis Stats.
         3. Whether the proposed PUD Overlay District is in conformity with the adopted master plan or any adopted component thereof, and that the development would not be contrary to the general welfare and economic prosperity of the community.
         4. Whether the proposed development shall be provided with adequate drainage facilities for surface and storm waters.
         5. Whether the proposed development will be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development.
         6. Whether there will be an undue constraint or burden imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.
         7. Whether the streets and driveways on the site of the proposed development will be adequate to serve the residents of the proposed development and will meet the minimum standards of all applicable ordinances or administrative regulations of the City.
         8. Whether centralized water and sewer facilities will be provided.
         9. Whether the use of the land surrounding the proposed development can be planned in coordination with the proposed development.
   4. Findings.
      1. In recommending approval of a proposed Residential PUD Overlay District the Plan Commission shall find that:
         1. Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.
         2. Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities.
         3. Adequate, continuing fire and police protection is available.
         4. The population composition of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.
         5. Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance, by dedication to the public, or payment in lieu of dedication in accordance with Section 23.08.
      2. In recommending approval of a proposed Commercial PUD Overlay District, the Plan Commission shall find that:
         1. The proposed development will be adequately served by off street parking and truck service facilities.
         2. The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities such as fire and police protection, street maintenance, and maintenance of public areas.
         3. The locations for entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic pattern of the surrounding neighborhood.
         4. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.
      3. In recommending approval of a proposed Industrial PUD Overlay District the Plan Commission shall find that:
         1. The operational character, physical plant arrangement, and architectural design of buildings will be compatible with the latest in performance standards and industrial development design and will not result in adverse effect upon the property values of the surrounding neighborhood.
         2. The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
         3. The proposed development will include adequate provisions for off-street parking and truck service areas and will be adequately served by rail and/or arterial highway facilities.
         4. The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.
      4. In recommending approval of a Mixed use PUD Overlay District the Plan Commission shall find that:
         1. The proposed mixture of uses produces a unified composite which is compatible within the underlying districts and which as a total development entity is compatible with the surrounding neighborhood.
         2. The various types of uses conform to the general requirements as herein before set forth, applicable to projects of such use and character.
         3. The proposed development will be adequately provided with and will not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas.
   5. Public Hearing. Subsequent to the Plan Commission making its recommendation, the Common Council shall hold a hearing pursuant to Section 22.65(5). Notice for such hearing shall include reference to the development plans filed in conjunction with the requested PUD Overlay District.
   6. Determination. The Common Council, after due consideration in applying the standard of review set forth in (4)(c) above and making the appropriate findings under (4)(d) may deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions to which the owner has agreed. The approval of a PUD Overlay District shall include as conditions approval of any building, site and operational plans.
   7. (Cr. #27-09) Time Limit. All petitions approved by the Common Council pursuant to subsection (4)(f) of this section shall expire one year from the date of approval unless final development plans are subsequently approved by the Common Council. All final development plan approvals granted under the authority of this Section shall expire two years from date of approval unless the Plan Commission determines that substantial work has commenced as evidenced by the securing of building permits and the commencement of construction. The Plan Commission may grant an extension to the time limit referenced above upon the showing of a good faith effort by the owner or developer to continue the development process for the improvements set forth in the site plan.
5. DEVELOPER'S AGREEMENT. Before any improvements are made within a PUD Overlay District a developer's agreement shall be required incorporating all improvements, requirements and conditions of the development of the district, which requirements and conditions shall run with the land. The agreement shall be drafted in recordable form and recorded with the Register of Deeds for Waukesha County.
6. CHANGES AND ADDITIONS. Any subsequent changes or additions to the developer's agreement, development plans or uses for the PUD Overlay District shall first be submitted for approval to the Plan Commission. If the Plan Commission determines that such changes or additions constitute a substantial alteration of the original developer's agreement, development plan, or uses of the district, a public hearing before the Common Council shall be required prior to the Council determining whether to accept the subsequent changes or additions. The Common Council reserves the right to require changes if it determines, applying the standard of (4)(c) and making the findings under (4)(d), that such changes are required to comply with the purpose of this Chapter and Section 62.23(7)(b), Wisconsin Statutes.
7. USE AND MAINTENANCE. Each PUD Overlay District shall at all times be maintained and used in accordance with the standards set forth in 4(c) above and in a manner not to create a health and safety hazard to adjacent residents or businesses.
8. SUBSEQUENT LAND DIVISION. The division of any land(s) within a PUD Overlay District shall be in accord with the subdivision and platting provisions set forth in Chapter 23 of the Municipal Code and Chapter 236, Wisconsin Statutes. When such division is contemplated, a preliminary plat or certified survey map of the lands to be divided shall accompany the petition for a PUD Overlay District approval.

(Rep. & recr. #66-01)