15.750 Planned Unit Development (PUD) District.

(1) Purpose. The PUD District is established to encourage superior design and site planning, and provide for more creative development of land than is possible under conventional zoning districts. A PUD provides an opportunity to encourage a mix of residential, recreational, institutional, office, retail, commercial and industrial land uses and densities within a development in an economic and compatible manner, by allowing for greater freedom, imagination and flexibility in the development of land, while ensuring substantial compliance with the basic intent of Chapters 15 and 21 MMC and the City’s Comprehensive Plan.

(2) Character of Site. All PUDs must be suitable for development in the manner proposed without hazard to persons or property, on and off the site, from flooding, erosion, subsidence or slipping of the soil, or other dangers.

(3) Unified Control. All land included for development as a PUD shall be under the legal control of the owner, whether the owner as defined under MMC 15.730(14) be an individual, partnership, corporation, limited liability company, or any combination thereof. Owners requesting approval of a PUD shall present evidence of unified and total control of the entire land area within the proposed PUD, together with written evidence that the owner has the unrestricted right to impose all of the covenants and conditions upon the land as are required by the provisions of this section.

(4) PUD as a Conditional Use Permit (CUP). The establishment of a PUD requires the issuance of a conditional use permit pursuant to MMC 15.370(27), and is allowed as such only in accordance with the district regulations of the underlying zoning district. The predominant land use in a PUD shall be a permitted use or conditional use permitted in the underlying zoning district.

(5) Transfer of Zoning. Where there is more than one underlying zoning district within the boundaries of a parcel of land proposed as a PUD, the Common Council may, upon recommendation of the City Plan Commission, approve the transfer of permitted uses of the underlying zoning, in equal proportion of total land area, to any part of the proposed PUD where such transfer will promote the intent and purpose of this section.

(6) Fees. Each PUD submitted for review and approval under this section shall be accompanied by a nonrefundable fee, as established by resolution of the Common Council, for the administration of this section.

(7) Abrogation and Greater Restrictions. If a conflict exists between this section and any other provision or requirement contained elsewhere in Chapter 7, 8, 15 or 21 MMC, the provision or requirements contained elsewhere in Chapter 7, 8, 15 or 21 MMC shall control, unless approved by the Common Council, upon recommendation by the City Plan Commission.

(8) Coordination with City Subdivision Requirements. Subdivision review under Chapter 21 MMC shall be applied simultaneously with the review of a PUD under this section. The PUD plans required under this section shall be submitted in a form which will satisfy the requirements of Chapter 21 MMC for the preliminary and final plats.

(9) Interpretation. The provisions of this section shall be held to be minimum requirements and shall be construed in favor of the City, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes, Wisconsin Administrative Code, rules, regulations or City ordinances, now in effect, or which may be later promulgated.

(10) Severability. If any subsection, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

(11) Exceptions to Standards. The Common Council, upon recommendation from the City Plan Commission, may permit deviations from the standards and requirements outlined in this section when it can be determined that:

(a) The waiver of any standards and requirements shall result in a direct positive benefit to the residents and/or occupants of the PUD; said benefits shall be in the form of provisions of exceptional amenities, design excellence, etc.;

(b) The objectives underlying these standards and requirements can be met without strict adherence to them; and

(c) Strict adherence to these standards and requirements, given the peculiarities in the tract of land comprising the PUD or the facilities proposed, would be unreasonable.

(12) General PUD Requirements.

(a) Minimum Total Area Requirements. Areas designated as PUDs shall contain a minimum total gross area of at least two acres.

(b) Lot Area, Lot Width, Heights and Yard Requirements. In a PUD, there shall be no specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved and recorded final development plan (FDP) under subsection (16) of this section shall be, along with a recorded plat if required, construed to be and enforced as part of this chapter.

(c) Permitted Uses. Any use permitted or conditional use permitted in any zoning district may be permitted in a PUD, subject to compliance with MMC 15.370(2)(i), and provided such uses are identified in the approved and recorded FDP.

(d) Minimum Landscape Area. Thirty percent of the gross acreage of the PUD.

(13) Procedural Requirements for Creation of a PUD. Prior to the issuance of any permits for development within a PUD, the owner shall follow and complete the procedures outlined in this section to the satisfaction of the City.

(a) Preapplication Meeting. Any owner proposing to create a PUD shall first contact the City Planner and City Engineer, and acquaint themselves with the provisions of the Wisconsin Statutes and ordinances of the City. The City will identify procedures for application and processing of a PUD, as well as provide information regarding submittal requirements, design standards and other applicable issues and requirements, prior to the official submittal of an application for creation of a PUD.

(b) General Development Plan (GDP). The owner shall submit a GDP to the City Plan Commission for review and approval. The GDP is intended to guide the overall development of property within a PUD, and the owner shall provide the City with, at minimum, the information outlined in subsection (14) of this section.

(c) Request for CUP. Concurrent with the submittal of a GDP to the City Plan Commission, the owner shall submit an application for a CUP in accordance with MMC 15.370(27) to officially establish a PUD.

1. Within 60 calendar days from the date the application for a CUP is referred by the Common Council to the City Plan Commission, the City Plan Commission shall hold a public informational hearing in accordance with MMC 15.370(27).

2. At the public informational hearing, the City Plan Commission shall receive a report from the City Planner recommending approval or disapproval of the CUP and/or GDP. Within 30 calendar days after the date of the public informational hearing, the City Plan Commission shall recommend to the Common Council either:

A. Approval of the CUP and GDP;

B. Approval of the CUP and GDP with modifications; or

C. Denial of the CUP and/or GDP.

3. The Common Council shall receive the recommendation from the City Plan Commission, and upon due consideration shall either:

A. Approve the CUP and GDP;

B. Approve the CUP and GDP with modifications; or

C. Deny the CUP and/or GDP.

(14) General Development Plan (GDP). An application for a CUP to create a PUD shall be accompanied by a GDP that complies fully with the site plan requirements in MMC 15.370(2), plus shall include the following information:

(a) The title of the project and the names of the professional project planner and/or engineer, and the owner for the project;

(b) An explanation of the character of the PUD, and the manner in which it has been planned to take advantage of the PUD regulations;

(c) A statement of the present ownership of all of the land included within the PUD;

(d) A general outline of the organizational structure which will be used to provide any necessary private services within the PUD;

(e) The estimated number of employees; the character and volume of truck and automobile traffic generated from the PUD; and the covenants or other agreements that will govern the organizational structure, use, maintenance and continued protection of the PUD, and any of its common services, open areas or other facilities;

(f) Identification of any proposed departures from the standards of development as set forth in Chapter 7, 8, 15 or 21 MMC, or other City ordinances, regulations or administrative rules;

(g) The expected date of commencement of physical development within the PUD in the proposal, and an outline of any development staging or phasing which is planned;

(h) A map showing the existing land use conditions in the PUD, including the legal description of the property. In addition, this map shall indicate and identify existing property lines and dimensions, ownership of all parcels, platting, easements, existing and planned street rights-of-way, utilities, and buildings in a PUD site, and for an area 500 feet beyond the boundaries of the PUD;

(i) A map showing the natural features of the PUD area, and an area 500 feet beyond the boundaries of the PUD. This map shall show contour lines at no more than two-foot intervals, drainage patterns, wetlands, vegetation, soil type and subsoil conditions;

(j) The proposed location and acreage of each component of the different uses proposed in the PUD by dwelling types, commercial business types, open space uses, recreational facilities, other permitted uses, off-street parking and loading, vehicular, bicycle and pedestrian circulation;

(k) Tabulations of the total gross acreage in the PUD including public rights-of-way, and a percentage breakdown of all proposed land uses in the PUD;

(l) Architectural drawings, sketches, or graphic illustrations depicting the planned design and character of the various structures proposed in the PUD;

(m) Deed restrictions, easements including conservation easements, and other documents pertaining to the improvement, operation and maintenance of common areas in the PUD;

(n) A preliminary description of all public and private facilities and utilities planned in the PUD;

(o) The preliminary location and design of all proposed signage, and street and pedestrian lighting, including lamp intensity, height and placement;

(p) Preliminary drainage, erosion control and stormwater management plan;

(q) A plan showing how the entire PUD may be further subdivided in the future;

(r) Any other information deemed necessary by the City in order to evaluate the PUD; and

(s) Fourteen copies of the above information, plus one reduced set no larger than eight and one-half inches by 11 inches.

(15) Preliminary Plat. If the PUD involves land subdivision as required under Chapter 21 MMC, the owner shall also submit a preliminary plat or documents meeting the requirements of Chapter 21 MMC at the same time a GDP under subsection (14) of this section is submitted.

(16) Final Development Plan (FDP). Within 24 months following the latest date of Common Council approval of the CUP, GDP and preliminary plat, if required, the owner shall file with the City Clerk an FDP containing, in final form, the information required in the GDP, including any changes required by the City Plan Commission or Common Council; and shall also submit a final plat for all or that portion of the PUD to be platted.

(a) The FDP and final plat, if required, shall be referred by the Common Council to the City Plan Commission for review and recommendation in accordance with MMC 21.040.

(b) The FDP and final plat shall substantially conform to the GDP and the preliminary plat, and shall include any changes required to be made by the City Plan Commission or Common Council to the GDP and preliminary plat.

(c) The Common Council shall receive the recommendation from the City Plan Commission, and upon due consideration shall either:

1. Approve the FDP and final plat;

2. Approve the FDP and final plat with modifications; or

3. Deny the FDP and final plat, and revoke the CUP.

(d) Common Council approval of the FDP may provide for future review and approval by the City Plan Commission and Council of the detailed plans for any future or phased developments. Common Council approval of the PUD shall also include the requirement that the owner enter into a performance agreement with the City in accordance with MMC 15.370(2)(i).

(17) Recording of Documents. The following documents, and any subsequent amendments, shall be recorded by the City within 10 calendar days after approval and execution of the document by all applicable parties:

(a) Approved FDP and final plat, and amendments thereto.

(b) Performance agreement as per MMC 15.370(2)(i), and amendment thereto.

Said documents shall be recorded against the PUD property at the sole expense of the owner, and shall be recorded at the Register of Deeds for Manitowoc County, Wisconsin, and shall be deemed to be and interpreted as a covenant running with the land. The City may, at City’s sole discretion and expense, upon completion of all conditions prerequisite to the approval of the FDP, final plat and issuance of a certificate of occupancy, terminate any or all conditions contained in the performance agreement, and file the necessary legal documents at the Register of Deeds.

(18) No Vested Rights Granted. Except as expressly provided by law or ordinance, no vested rights in connection with a PUD shall inure to the owner until the date a building permit is first issued by the City’s Director of Building Inspection. The City does not warrant under this section that the owner is entitled to any other required approvals.

(19) Basis for Approval of an Application for a PUD. As a basis for review of a PUD application by the City Plan Commission and Common Council, the following criteria, in addition to the criteria specified under MMC 15.370(27)(c), shall be applied to the application with specific consideration as to whether or not the proposed PUD is consistent with the spirit and intent of this section, is consistent with the City’s Comprehensive Plan, has been prepared with professional advice and guidance, and produces significant benefits to the City in terms of affordability and environmental design.

(a) Character and Integrity of Land Use. In a PUD, the land uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

1. Are compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth and open space;

2. Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area as established by the City’s Comprehensive Plan;

3. Would not adversely affect the anticipated provisions for school or other municipal services; and

4. Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve the PUD.

(b) Economic Feasibility and Impact. The proponents of a PUD application shall provide evidence satisfactory to the City Plan Commission and Common Council of the economic feasibility of the development, including but not limited to letters of intent, prelease commitments and the availability of adequate financing, and shall further demonstrate that the PUD would not adversely affect the economic prosperity of the City, or diminish the values of surrounding properties.

(c) Engineering Design Standards. The width of street rights-of-way, width and location of streets or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering considerations shall be based on standards necessary to implement the specific functions in a specific situation; provided, however, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City Engineer.

(d) Preservation and Maintenance of Open Space. In a PUD, the owner shall be required to provide open space that is “developed” with active recreational facilities provided by the owner; and/or “undeveloped” which is designed to preserve important site amenities and environmentally sensitive areas, and which may permit certain improvements provided by the owner such as the cutting of trails, the provision of picnic areas, etc.

In a PUD, all common open space, at the election of the City, shall be either set aside as common land for the sole benefit, use and enjoyment of present and future lot, home or business owners within the PUD and their guests, or shall be dedicated to the City as park land for the use of the general public, or shall be subjected to a perpetual conservation easement in favor of the City or not-for-profit organization of the City’s choosing. All common open space, not individually owned or dedicated for public use and that is intended for the common use or enjoyment of the residents of the PUD, shall be subject to perpetual easements. The City will not accept the dedication of open space that is not part of an existing, improved parcel.

Any lands reserved or dedicated for open space purposes shall contain appropriate covenants and deed restrictions ensuring that the open space area will continue in perpetuity for the purpose specified, will be maintained, and will not be turned into a commercial enterprise admitting the general public at a fee.

The City Plan Commission shall determine which of these options is more appropriate, and shall recommend to the Common Council one or more of the following procedures:

1. The open space land shall be conveyed by the owner to a nonprofit organization so that fee simple title shall be vested in such organization; provided, that suitable arrangements have been made for maintenance of said land and any building thereon. In addition, the open space to be reserved shall be protected against building development by conveying to the City as part of the conditions for CUP or PUD approval a perpetual open space easement over such open areas restricting the area against any future building or use, except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the PUD, or subsequently with the express approval of the Common Council, following approval of the FDP and final plat by the Common Council.

2. The open space land shall be dedicated to the City for park and recreational purposes by the owner. Where this option is determined to be in the best interest of the City, the owner shall be compelled to improve the natural condition of the open space.

3. The City or a not-for-profit organization of the City’s choosing shall be conveyed a perpetual conservation easement in, and to, the open space land for the purpose of assuring the retention and preservation of open space. Where this option is determined to be in the best interest of the City, the owner shall be compelled to improve the natural condition of the open space. Such easement shall also establish maintenance and enforcement procedures, and allow the City or the designated not-for-profit to perform obligations of the owner, collect its costs from the owner, and charge such costs against the open space land and adjoining property of the owner, and collect such costs as an assessment. Such easements shall not grant any right to use the open space as public park, nor any rights to the City or the public to make improvements on, or physical use of, the open space.

4. The care and maintenance of such open space reservations shall be assured by establishment of an appropriate management organization for the PUD. The manner of assuring maintenance and assessing such costs to individual properties shall be included in any easement or contractual agreement, and shall be included in the title to each property.

5. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City, and made a part of the conditions of the FDP approval.

(e) Off-Street Parking and Loading. Alternatives to off-street parking and loading requirements under MMC 15.430 shall be accepted, if the owner demonstrates that such standards better reflect local conditions within the PUD.

(f) Implementation Schedule. The owner of a PUD shall submit a reasonable schedule for the implementation of the development to the satisfaction of the City Plan Commission and Common Council, including suitable provisions for assurances that each phase will be brought to completion in a manner that will not result in an adverse effect upon the City as a result of termination at that point.

The City Plan Commission and Common Council, in making their respective recommendation and determination, shall consider the reasonableness of the proposed implementation schedule, and any staging plan for the physical development of the proposed PUD. Commencement of the physical development of the PUD one year of the date of Common Council approval of the FDP and final plat shall be deemed reasonable.

(g) Residential PUD Considerations. The City Plan Commission and Common Council, in making their respective recommendation and determination as to a proposed residential PUD, shall further consider whether:

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 recreational space, and coordination with overall plans for the City;

2. The total net residential density within the PUD will be compatible with the City’s Comprehensive Plan or components thereof, and shall be compatible with the density of the neighborhood wherein located;

3. Structure type will be generally compatible with other structural types permitted in the neighborhood;

4. Provisions have been made for the installation of adequate public facilities, and the continuing maintenance and operation of such facilities if privately owned;

5. Provisions have been made for adequate, continuing fire and police protection;

6. The population density of the PUD will not have an adverse effect upon the City’s capacity to provide needed municipal service facilities; and

7. Adequate guarantee is provided for permanent preservation of open space areas as shown on the FDP or final plat, either by private reservation and maintenance, or by dedication to the public.

(h) Commercial PUD Considerations. The City Plan Commission and Common Council, in making their respective recommendation and determination as to a proposed commercial PUD, shall further consider whether:

1. The economic practicality of the proposed PUD can be justified;

2. The proposed PUD will be served by off-street parking and truck service area and facilities in accordance with MMC 15.430 or subsection (19)(e) of this section;

3. The proposed PUD shall be adequately provided with, and shall not impose any undue burden on, public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas;

4. The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic and surrounding streets, and that the PUD will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood; and

5. 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.

(i) Industrial PUD Considerations. The City Plan Commission and Common Council, in making their respective recommendation and determination as to a proposed industrial PUD, shall further consider whether:

1. The operational character and physical arrangement of buildings will be compatible with the latest in performance standards and industrial development design, and will not result in an adverse effect upon the property values of the surrounding neighborhood;

2. The proposed PUD shall be adequately provided with, and shall not impose any undue burden on, public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas;

3. The proposed PUD will be served by off-street parking and truck service areas and facilities in accordance with MMC 15.430 or subsection (19)(e) of this section, and will be adequately served by easy access rail and/or arterial highway facilities; and

4. The proposed PUD is properly related to the total transportation system of the City, and will not result in an adverse effect on the safety and efficiency of the public streets.

(j) Mixed Use PUD Considerations. The City Plan Commission and Common Council, in making their respective recommendation and determination as to a proposed mixed use PUD, shall further consider whether:

1. The proposed mixture of uses results in a unified composite which is compatible with the surrounding neighborhood; and

2. The various types of uses conform to the general requirements as herein set forth in this chapter, and are applicable to projects of such use and character.

(20) Revisions or Changes in a PUD. A PUD shall be developed only according to the approved and recorded FDP and final plat, if applicable, plus any approved and recorded amendments thereto, and a performance agreement under MMC 15.370(2)(i). The recorded documents shall be binding upon the owner, their successors, grantees, heirs and assigns, and shall limit and control the location and use of the property contained in a PUD, including the internal use of buildings and structures, as set forth therein.

(a) Major Changes. Changes which alter the concept or intent of the PUD including increases in the land use density; changes in location and type of nonresidential land uses; increases in the height of buildings; reduction of proposed open space; more than a 15 percent modification in the proportion of housing types; changes in road standards or alignment; utilities; drainage; changes in the building schedule; or changes in the final governing agreements, may be approved only by submission of a new GDP and supporting data, and following the steps and subsequent amendment of the FDP as detailed in subsection (16) of this section.

(b) Minor Changes. The City Planner may approve minor changes in the PUD which do not change the concept or intent of the PUD. The City Engineer may approve minor changes in road standards or alignment, utilities and drainage that do not alter the overall design of the PUD. A minor change to a PUD will not require submission of a new GDP and will not require the procedure in subsection (13) of this section. Minor changes are defined as any change not defined as a major change under subsection (20)(a) of this section. The City Planner and City Engineer will have sole discretion as to whether a change under this section is considered a minor change, or a major change under subsection (20)(a) of this section.

(21) Performance Agreement. Prior to the issuance of a building permit by the Director of Building Inspection, the owner shall execute a performance agreement in accordance with MMC 15.370(2)(i). The performance agreement shall incorporate all compliance conditions and requirements of the CUP and FDP approvals as identified on the approved CUP, FDP and final plat to secure the implementation and completion of the FDP as approved, including, but not limited to, the following:

(a) Conditions relative to financing of necessary public improvements and facilities;

(b) A schedule for commencement and completion of the project and any phases thereof;

(c) Time limits for commencement and completion of the development;

(d) Requirements for appropriate easements, reservations and land dedications;

(e) Letter of credit requirements to assure a timely completion of all landscaping and site improvements required by City ordinance including landscaping and off-street parking requirements under MMC 15.690; or requirements of other City departments, or State and Federal regulations; and

(f) Other conditions, terms, restrictions and requirements relevant to the approved FDP and final plat including the termination and amendment of the performance agreement.

(22) Schedule of Construction. The Common Council shall consider the revocation of a CUP and PUD if construction falls more than two years behind from the dates established in the implementation schedule provided under subsection (19)(f) of this section; said two years shall commence as of the date the FDP is recorded under subsection (17) of this section. The revocation process shall be conducted as outlined under MMC 15.370(27)(f). The owner shall be notified at least 30 calendar days prior to any revocation hearing.

[Ord. 06-487 § 13, 2006. Prior code § 15.75]