West Bend Town City Zoning Code
ARTICLE XVII
Planned Development District
§ 325-140 Review procedure.
Establishment of a planned development district involves a two-step process. The review of a proposed project begins with a general development plan. If the general development plan is approved (i.e., an ordinance is adopted), a precise implementation plan for all or a part of the project is reviewed. If the precise implementation plan is approved, the project is officially approved. The general steps outlined below describe the process for reviewing an application for a planned development district.
A.
Step One: General Development Plan.
(1)
Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposal.
(2)
Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Town Board.
(3)
Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
(4)
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
(5)
General notice. The Zoning Administrator provides for i) a Class 2 public notice, ii) property owner notice, and iii) meeting agenda notice.
(6)
Staff report preparation and distribution. The Zoning Administrator may prepare a staff report. If one is prepared, the Zoning Administrator provides a copy to the applicant, each member of the Plan Commission, and any person upon request.
(7)
Public hearing. Allowing for proper notice, the Plan Commission conducts a public hearing to review the application consistent with this chapter. Prior to the close of the public hearing, the applicant or the Plan Commission may request a continuance. If the public hearing is adjourned, the Plan Commission may direct the Zoning Administrator to conduct additional research related to the proposed district.
(8)
Staff follow-up. After the close of the public hearing, the Plan Commission may direct the Zoning Administrator, Town Engineer, and/or the Town Attorney to prepare a preliminary decision document.
(9)
Plan Commission recommendation. The Plan Commission makes a recommendation to the Town Board to i) approve the general development plan, subject to approval of a precise implementation plan; ii) approve the general development plan with conditions, subject to approval of a precise implementation plan; or iii) deny the general development plan.
(10)
General notice. The Zoning Administrator places the matter on the meeting agenda of the Town Board.
(11)
Town Board meeting. Allowing for proper notice, the Town Board considers the application at a regular or special meeting.
(12)
Decision. The Town Board, after considering the Plan Commission's recommendation, makes a decision to i) approve the general development plan, subject to approval of a precise implementation plan; ii) approve the general development plan with conditions, subject to approval of a precise implementation plan; or iii) deny the general development plan.
(13)
Preparation of decision document. If the general development plan is approved, the Zoning Administrator prepares a final ordinance.
(14)
Applicant notification. Within a reasonable time following the Town Board's decision, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
B.
Step Two: Precise implementation plan.
(1)
Submittal of precise implementation plan. The applicant submits a precise implementation plan and other required materials to the Zoning Administrator along with the application fee as may be established by the Town Board. At the discretion of the applicant, such materials may be submitted concurrently with the review of the general development plan.
(2)
Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
(3)
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
(4)
General notice. The Zoning Administrator places the matter on the meeting agenda of the Plan Commission.
(5)
Staff report preparation and distribution. The Zoning Administrator may prepare a staff report that evaluates whether the precise implementation plan is consistent with the approved general development plan and the suitability of the proposed plan given the additional information provided in the plan and supplemental materials. If a staff report is prepared, the Zoning Administrator provides a copy to the applicant, each member of the Plan Commission, and any person upon request.
(6)
Meeting. Allowing for proper notice, the Plan Commission reviews the precise implementation plan and the staff report, if any.
(7)
Determination of consistency. The Plan Commission determines whether the precise implementation plan is generally consistent with the approved general development plan with respect to density/intensity and permissible land uses. If the Plan Commission determines that the precise implementation plan is not generally consistent, the Plan Commission shall render that decision in writing and take no further action on the precise implementation plan.
(8)
Plan Commission recommendation. If the precise implementation plan is deemed to be consistent with the general development plan, the Plan Commission makes a recommendation to the Town Board to i) approve the precise implementation plan, ii) approve the precise implementation plan with conditions, or iii) deny the precise implementation plan.
(9)
General notice. The Zoning Administrator places the matter on the meeting agenda of the Town Board.
(10)
Town Board meeting. Allowing for proper notice, the Town Board considers the application at a regular or special meeting.
(11)
Decision. The Town Board, after considering the Plan Commission's recommendation, makes a decision to i) approve the precise implementation plan, ii) approve the precise implementation plan with conditions, or iii) deny the precise implementation plan.
(12)
Preparation of decision document. Based on the action of the Town Board, the Zoning Administrator prepares a decision document.
(13)
Applicant notification. Within a reasonable time following the Town Board's decision, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
§ 325-141 Imposition of conditions.
A.
Generally. The Plan Commission may recommend and the Town Board may impose conditions as may be necessary to grant approval. Such conditions may relate to any of the factors it considered in reaching its decision. In addition, the Plan Commission may recommend and the Town Board may require the provision of off-site exactions that may be necessary to approve the establishment of the planned development district project.
B.
Effect on contracts with another party. The Town Board may not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract, with a third party under which the third party is engaging in a lawful use of the property.[1]
[1]
Note: See § 62.23(7)(gm), Wis. Stats. The Town, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.
§ 325-142 Effect of approval.
The approval of a planned development district runs with the land and is binding on all subsequent property owners.
§ 325-143 Effect of approved planned development district on land division standards.
Development in a planned development district is subject to the Town's land division regulations to the extent applicable, except that the Plan Commission or Town Board may waive a development standard in the land division regulations as provided therein.
§ 325-144 Amendment of approved planned development districts.
If the Town Board approves a planned development district, the Plan Commission reviews all proposed changes to the approved project plan. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Town Board may approve the requested change at a regular or special meeting of the Town Board. If the proposed change constitutes a major alteration, the review procedure in this article must be followed.
§ 325-145 Expiration of approval.
If any portion of a planned development district that can be developed remains substantially undeveloped three years after final approval, the Town Board may rescind the approval, in whole or in part, following a public hearing. Upon petition and with cause, the Town Board may grant a one-time extension, not to exceed four years. In the event the Town Board rescinds an approval, the Town Board shall at that time reclassify undeveloped lands in the district based on the zoning regulations in effect at that time. Developed portions of the planned development district may either be allowed to retain the planned development district designation or reclassified based on the zoning regulations in effect at that time.
§ 325-146 Appeal.
An aggrieved person may appeal a final decision made pursuant to this article by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.
§ 325-147 Development agreement.
If a planned development district is established pursuant to this article, the Town and developer may enter into a development agreement that specifies the duties and obligations of both parties with respect to the development project.