A.

The planned development (PD) district is established to promote improved environmental design and innovative uses of land in the city. To this intent, this district allows variation in the relationship of uses, structures and open spaces in developments conceived and implemented as cohesive, unified projects.

B.

The PD district is intended to allow desirable innovative development activities that demonstrate cohesive site planning, higher quality urban design, architectural design, and public places. This district is also intended to facilitate developments which would add substantially to the net economic value of the community (as determined by measuring the expected short-term and long-term costs and revenues). This district is not intended solely to simply circumvent the intent of other zoning districts, or to seek variance from other district regulations, or to avoid practices consistent with the general health and social and economic value of the neighborhood or immediate context.

C.

New residential development shall follow the occupancy regulations of the underlying zoning district unless expressly modified by the PD district.

(Ord. No. 1914A, 2-18-2016)

In the PD district, any permitted or conditional use in any of the other districts in this title, or mix of uses, may be permitted subject to the criteria listed below. Any plans, uses, or requirements approved by the city as part of a PD general development plan or specific implementation plan shall be construed to be and enforced as part of this title.

Permitted uses, subject to the criteria listed below, also include large retail and commercial service developments (with eighty thousand square feet or more on the ground floor). All large format retail developments shall address the issues in Chapter 19.485 for large retail and commercial service development standards, and shall include, as part of the PD, specific plans for short-term and long-term redevelopment of the PD if and when the initial retail development should diminish in economic activity and value. Diminishment of economic activity and value shall include:

a.

Vacancy of twenty-five percent or more of the primary buildings;

b.

New uses of the primary buildings which result in a significant reduction of property value; and

c.

New uses which result in a material decrease in use of the buildings by customers and thereby reduce the viability of surrounding economic activities.

Such plans should be achievable with no significant cost to the city and in a manner that protects the economic value of adjacent development.

(Ord. No. 1914A, 2-18-2016)

In the PD district, there shall be no specified lot area, lot width, yard, height, parking or open space requirements. Recommendations to be discussed are defined by Section 19.39.040. Any lot, building, yard, or parking requirements approved by the city as part of a PD general development plan or specific implementation plan shall be construed to be and enforced as part of this title.

(Ord. No. 1914A, 2-18-2016)

As a basis for determining the acceptability of applications for rezoning to the PD district, the following criteria shall be considered in the review of the proposed development. These issues are not mandatory guidelines nor requirements, but issues to be discussed and considered by all parties involved in the PD review and approval process and subject to negotiation and variations for each individual proposal and components of proposals:

A.

Compatibility with vegetation and topography and with the visual character of the surrounding buildings in the neighborhood or district context;

B.

The value of the proposed project to the community aesthetically and the way in which the buildings blend, harmonize, improve, and/or complement the surrounding neighborhood;

C.

Impact on traffic or parking with regard to the surrounding area, proposed facilities, the width and location of streets, the appropriateness of paving and lighting relative to proposed uses and the surrounding area, and public safety as determined by the city;

D.

Impact of the proposed development upon the city's water supply, sanitary sewer and stormwater drainage systems;

E.

Impact of the proposed development on existing businesses in the immediate area as well as other businesses outside the immediate area that are likely to be impacted by the new development;

F.

Provisions for the long-term preservation and maintenance of open space;

G.

Compactness of the development;

H.

Integration of different uses, including residential, commercial, civic, and open space; the desirable proximity of uses to one another; the degree to which the mix of uses accommodates the needs of a variety of people, ages, and social groups;

I.

Preservation and/or reuse of existing buildings and buildings with historical or architectural features that enhance the visual character of the community;

J.

Incorporation of significant environmental features into the design; and

K.

General consistency with the city of Whitewater's comprehensive (master) plan.

(Ord. No. 1914A, 2-18-2016)

Step 1: Procedure for Rezoning.

1.

The procedure for rezoning to the PD district shall be the same as for any other zoning district change (see Chapter 19.69), except that in addition, twenty copies of a general development plan (GDP) shall be submitted to and approved by the city council following a recommendation by the plan commission. The general development plan of the proposed project shall include the following:

a.

A site inventory and analysis map with topography at two-foot contours to identify site assets, resources, and constraints, including but not limited to floodplains, wetlands, soils with limitations for building development, utility easements, slopes greater than fifteen percent, and existing trees over four inches in diameter;

b.

A conceptual site plan or neighborhood development plan, at a scale of no less than one inch equals one hundred feet, which indicates proposed building outlines within the context of the surrounding streets and blocks, location of streets, options (if any) for cross-easements, driveways, parking areas (including options, if any, for shared parking), sidewalks and bicycle paths, service access areas for receiving material and trash removal, and other impervious surfaces;

c.

A utility feasibility analysis, including a map showing the general locations of proposed public utility connections;

d.

The location of recreational and open space areas reserved or dedicated to the public;

e.

A conceptual landscape plan showing general locations and types of proposed landscaping, including maintenance of existing vegetation where appropriate;

f.

A phasing plan, where applicable;

g.

A conceptual stormwater management plan identifying the proposed patterns of major stormwater run-off, locations of stormwater infiltration areas, and other significant stormwater management features;

h.

Typical proposed building elevations identifying the architectural style(s) of the development shown in the context of street elevations that depict several of the buildings on each side of the proposed building;

i.

A written report that provides general information about the site conditions, development objectives, covenants, conservation easements, or agreements that will influence the use and maintenance of the proposed development may be required for larger or more complex projects;

j.

Any other data required by the plan commission in order to evaluate the development.

2.

Upon city council approval and adoption of the general development plan and associated zoning change to the PD district, all plans submitted as well as other commitments, conditions of approval, restrictions and other factors pertinent to assuring that the project will be carried out as presented, shall be filed with the zoning administrator and shall be referred to in regard to enforcement or modification of the general development plan.

3.

If applicant does not submit and have approved at least one specific implementation plan for a planned development within two years of city approval of a rezoning to the planned development district, the previously approved general development plan shall be considered null and void. A new petition and approval process shall be required to obtain approval of the same or a revised general development plan.

Step 2: Specific Implementation Plan Approval.

1.

Detailed plans, described below under the specific implementation plan (SIP) submittal requirements, are not required to be submitted at the time the PD zoning is approved; however, the GDP and SIP review process may be combined and made faster by doing so. Before any building permit is issued, the plan commission shall review and approve an SIP. If the approved GDP specified that development of the site would proceed in phases, the plan commission may approve an SIP covering only a portion of the previously approved GDP area. The applicant shall file twenty copies of the SIP with the plan commission. In addition to meeting all application requirements for plan review under Section 19.63.020, the SIP application shall include the following:

a.

Where a land division or lot consolidation is proposed, a final plat or certified survey map (CSM) of the entire development area included in the SIP, meeting all requirements of Title 18, the city's land division and subdivision regulations;

b.

For multi-lot PDs, a detailed neighborhood development plan showing the arrangement, design, and uses of different lots, buildings, driveways, parking areas, parks and open spaces, and paths;

c.

Typical elevations or detailed design standards for single- and two-family residential buildings and detailed elevations of all proposed nonresidential, mixed use, and multifamily residential buildings. Such detailed elevations shall meet the requirements of Section 19.63.020 and identify all wall signs; the percentage of ground floor commercial facade in windows; and the location, height and materials for screening walls and fences, including those proposed to surround outdoor trash and recyclable storage areas, electrical, mechanical and gas metering equipment, and rooftop equipment; where building construction is not imminent, detailed design standards that will apply to all nonresidential buildings may substitute for detailed elevations, if approved by the zoning administrator;

d.

Signage plans demonstrating a unified or compatible sign design theme for major signage in the PD;

e.

A detailed stormwater management and erosion control plan;

f.

Arrangements, bylaws, provisions or covenants which govern the organizational structure, use, architectural standards, maintenance and continued protection of the planned development.

2.

At a regular meeting, the plan commission shall approve, conditionally approve with changes consistent with the approved general development plan, or reject the SIP. An SIP for a PD development that is consistent with the GDP and meets other applicable ordinance provisions shall be entitled to approval or conditional approval. A final plat or certified survey map associated with the development may also be subject to city council approval under the provisions of Title 18. Upon final approval of the SIP, it shall be filed with the zoning administrator, and shall be referred to in regard to enforcement of modification of the development plans. All covenants, restrictions or contractual agreements with the city shall be recorded with the register of deeds before final issuance of building permits.

3.

If an applicant does not commence construction within one year after city approval of an SIP for a planned development, or complete construction within two years of approval of the SIP, the previously approved SIP shall be considered null and void; except where the plan commission approves an alternative phasing plan with the SIP. A new petition and approval process shall be required to obtain SIP approval.

(Ord. No. 1914A, 2-18-2016)

Any subsequent change of use of any parcel of land or addition or modification of any approved development plans should be submitted to the plan commission for approval. Minor changes can be granted by the plan commission. Major changes that involve changes to the general intent of the project as expressed in the approved GDP shall be made by the city council as specified in Chapter 19.69. A conditional use permit will be required if the total building coverage of a new or remodeled single-family detached dwelling, including the garage, exceeds sixty percent of the lot area within a PD district.

(Ord. No. 1914A, 2-18-2016)

All residential development shall be subject to a park acquisition fee per dwelling unit and a park improvement fee per dwelling unit, payable before a building permit is issued. The fee will be recommended by the parks and recreation board and then approved by the common council. The fee will be on record at the city clerk's office. The amount of these fees may be reduced by any fee amount previously paid or credited at the time of subdivision, or by fifty percent if the new housing units are created as a result of the conversion or remodeling of a preexisting building. The park acquisition fee may also be reduced if sufficient land area was provided for park purposes at the time of subdivision, based on the calculations in Section 18.04.030(a)(1) of the Whitewater Municipal Code. The fee amounts shall be set by the city council.

(Ord. No. 1914A, 2-18-2016)