(1)

INTENT. This chapter is intended to encourage residential and commercial planned community developments offering greater creativity and flexibility in site plan design than is provided under the strict application of zoning regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Waupun. Planned community developments may include one or a variety of land uses. Mixed uses may include any combination of multifamily, business and light manufacturing uses, planned and developed in an orderly and compatible relationship to one another.

(2)

PERMITTED USES. Uses permitted in a planned community development may consist of one or a mixture of land uses clearly designated by type on the approved final development plan. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with planned and existing uses surrounding the PCD.

(3)

DISTRICTS INCLUDED. Provisions of this chapter shall apply to the following:

R-2 Two-Family Residential District

R-3 Multifamily Residential District

B-1 Business/Professional Office District

B-2 Central Business District

B-3 Shopping Center Business District

B-4 Interchange Business District

B-5 Warehousing/Business District

M-1 Closed Storage/Light Manufacturing District

(4)

DISTRICT STANDARDS. The District Standards shall be as follows:

(a)

Access. All land uses shall abut on a public street or have adequate access to a public street by means of a private drive. All streets and drives must tie in effectively with the City's existing street system and with those arterial and collector streets proposed in its future land use plan.

(b)

Architectural Style. The architectural style of individual structures shall be compatible with other structures in the PCD, with the overall site design and with surrounding land uses.

(c)

Density. Density shall be governed by the standards of the zoning district most similar in function to the proposed use. A residential PCD may provide up to 25% increase in the number of units per acre if the PCD provides substantially more site amenities than are found in conventional residential development. The character, use of existing landscape, design variation and environmental concern of a PCD shall govern the amount of density increase which may be approved. Where previous zoning exists, density shall be computed based on such zoning. Where no zoning exists or where changes in zoning are proposed, a preliminary zoning request and sketch plan shall be presented.

(d)

Determining Standards. Standards for lot area, coverage, setbacks, parking and screening shall be governed by the standards of the zoning district most similar in function to the proposed PCD use, as determined by the Planning Commission. Deviation from those standards may be permitted only if such deviation is consistent with the total design of the development, encourages a desirable living environment and it not detrimental to the welfare of the City.

(e)

Exterior Boundary Setback. No principal building shall be set back less than 25 feet or the height of the building, whichever is greater, from the exterior of a PCD or a public street right-of-way. No commercial structure shall be nearer than 50 feet to its side or rear property lines where such line abuts a single-family use.

(5)

PRELIMINARY DEVELOPMENT PLAN APPLICATION. Before the Planning Commission may review a preliminary development plan, the plan and an application shall be submitted to the Zoning Administrator at least 15 days prior to the Planning Commission meeting. The preliminary plan shall include the following items:

(a)

Phasing schedule stating the geographical phasing and approximate construction timing of the PCD or portions thereof;

(b)

Preliminary drainage plan;

(c)

Preliminary utility plan for all public utilities;

(d)

Site plan showing the lot lines, building locations, street system, parking spaces, drives, common open space areas, recreational improvements and structures and proposed park or school sites;

(e)

Summary sheet indicating the area of land in each land use, number of units proposed, density of development, percentage of land in usable open space and number of parking spaces provided; and

(f)

Vicinity map showing sufficient area surrounding the proposed PCD to demonstrate the development's relationship to the adjacent land uses and street system.

(6)

PROCEDURE FOR REVIEW OF A PRELIMINARY PLANNED COMMUNITY DEVELOPMENT. Six copies of an application development plan along with items below shall be submitted to the Zoning Administrator which shall transmit copies to other agencies as appropriate.

(a)

The application shall include a written explanation of the character and purpose of the proposed planned development including: the type and density of any housing proposed; the nature and purpose of any nonresidential development; proposed method for preserving and maintaining open space, streets and parking areas; and, a general statement of proposed financing for the project.

(b)

Each proposal for planned development should be accompanied by a schedule showing the times within which each phase or segment of the PCD will be completed. Approval of any PCD by the Plan Commission shall carry with it approval of the time schedule for completion of each phase or segment thereof as contained in the proposal and any changes or amendment thereto. In the event that any portion of such time schedule is not met, the Plan Commission upon written request of the developer for an extension of time, delivered to the Plan Commission at least 20 days prior to the expiration of the completion date for which such extension is requested may, for good cause, extend the said completion date. There shall be no limit upon the number of time extensions which may be requested. Upon failure of the developer to satisfactorily meet any phase or segment of the completion schedule within 20 days of the expiration date thereof, or within 30 days of denial by the Plan Commission for extension thereof, the PCD plan shall become null and void.

(c)

Within 30 days from receipt of an application for a PCD the Planning Commission shall schedule a conference with the developer to jointly review the proposal and consider any modifications or conditions which will be included in a report to the Planning Commission.

(d)

Within 30 days from receipt of the report on the proposed development, the Planning Commission shall make a recommendation to approve, approve with modifications or disapprove the proposal.

(e)

After receipt of the Planning Commission report the Plan Commission shall hold a public hearing on the proposed development. Within 15 days after such public hearing the Plan Commission shall approve, approve conditionally or disapprove the proposed planned development. Conditional approval shall be valid for one year and shall be subject to acceptance by the Planning Commission of a final plan for all or for a portion of the development. The final plan shall incorporate all conditions and modifications imposed by the Plan Commission.

(f)

If part of the PCD involves the subdivision of land into parcels for sale to individual owners, the site plan review required pursuant to this section shall suffice for Planning Commission review in accordance with City subdivision regulations and the public hearing held by the Plan Commission shall suffice for a public hearing on the subdivision.

(g)

Fee(s). (Cr. #06-04)

(i)

Department review: has a fee that is established annually by the Common Council on the Fee Schedule.

(ii)

Engineering, improvement review, inspections, review has a fee that is established annually by the Common Council on the Fee Schedule.

(iii)

Administration, Clerk Treasurer, legal has a fee that is established annually by the Common Council on the Fee Schedule.

(7)

ENVIRONMENTAL REVIEW STANDARDS AND DESIGN STANDARDS. In reviewing a proposed PCD the Planning Commission shall apply the following standards of such planned development only when it is determined that the said standards have been reasonably satisfied.

(a)

The proposal shall demonstrate an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation or scenic features and physical amenities of the sites and the surrounding areas.

(b)

The project shall be planned and developed to harmonize with any existing or proposed development in areas surrounding the project site.

(c)

Individual buildings shall be related to each other in design, mass, placement and connection to provide a visually and physically integrated development.

(d)

Treatment of the sides and rear of all buildings within the project shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.

(e)

All buildings shall be arranged so as to be accessible to service and emergency vehicles.

(f)

Landscape treatment for open spaces, roads, paths, service and parking areas shall be designed as integral part of a coordinated landscape design for the entire project area.

(g)

Primary landscape treatment shall consist of shrubs, ground cover and trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Whenever possible, existing trees shall be conserved and integrated into the landscape design plan.

(h)

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space, trash removal facilities and outdoor storage areas.

(i)

Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc. shall be of good appearance, easily maintained and indicative of their function.

(j)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

(8)

APPLICATION FOR FINAL DEVELOPMENT PLAN APPROVAL. Application content. Application for final development plan shall include the following items:

(a)

Final site plan with all pertinent dimensions shown to the nearest foot;

(b)

Final grading, drainage, utility, lighting and landscape plans;

(c)

Sign plan specifying design, height, location, size and illumination;

(d)

Deed restrictions and instruments dedicating all rights-of-way, easements and public lands drafted to the satisfaction of the City Attorney, insuring the preservation and maintenance of the common open space areas;

(e)

Such other information that may be requested to fully represent the intent of the development plan or to determine if the plan meets the conditions for approval in §16.07(9).

(9)

FINAL DEVELOPMENT PLAN APPROVAL. Within 60 days after the final development plan is submitted the Planning Commission shall make a recommendation on such plan as to its conformity with the preliminary development plan, fulfillment of all required items and continued compliance with finding required for preliminary development plan approval, the Plan Commission shall either grant, grant subject to conditions or deny the final development plan. If approval is granted, a PCD permit shall be issued to the developer by the Planning Commission, which shall contain any conditions attached by the Plan Commission.

(10)

FILING OF FINAL DEVELOPMENT PLAN. Upon approval, the City Clerk shall certify two copies of such plan and have them filed with the Building Inspector. Such plan shall be drawn to a scale of 40 feet to one inch or larger.

(11)

OFFICIAL MAP DESIGNATION. After approval, the PCD shall be designated on the City's Official Zoning Map.

(12)

FINAL DEVELOPMENT PLAN CHANGES. Any significant changes in the approved final development plan may be made only after a public hearing by the Planning Commission. No changes in the final development plan may be made unless they are shown by the developer to be required by changes in conditions or circumstances not foreseen at the time of the final plan approval. Any significant changes shall be recorded as amendments to the approved final development plan. Minor changes must be approved by the Planning Commission. Any change which affects more than 25% of the area of the district, or changes the location of more ;b1;than 200' of right-of-way shall be deemed to be significant, and as to other matters, the determination of whether or not a change is significant shall be within the sole discretion of the Planning Commission.

(13)

TERMINATION OF FINAL DEVELOPMENT PLAN APPROVAL. If final development plan approval is given to a developer and thereafter he wishes to abandon the plan, the developer shall notify the City in writing. If the developer fails to commence the development within 18 months or upon a finding by the Planning Commission that there has not been substantial development (as indicated by installation of utilities or completion of 5% of the proposed floor area) within the site area within 24 months after final development plan approval has been granted, such final development plan approval shall be terminated after public hearing by the Planning Commission. Such time period may be extended by the Plan Commission upon written application by the developer for up to, but not to exceed, 6 months.

(14)

EXTENDED STAGED PCD. It is recognized that certain planned developments may involve construction over an extended period of time. If it is proposed to develop a project during a period exceeding two years, the developer may request concept approval from the Planning Commission for the entire project and permission to submit application for preliminary development plan approval on the first stage of the project. A Public Hearing shall be required by the Planning Commission for consideration of concept approval as well as for each stage of development in the extended stage PCD. Each stage of the PCD shall require both preliminary and final development plan approval.

(15)

BUILDING PERMIT APPROVAL. No building permit shall be issued for a building in a PCD until the plans have been submitted to the Plan Commission for site plan review and approval.

(Ord. No. 18-04, § 1, 8-15-2018; Ord. No. 23-09, § 8, 11-28-2023)