§ 100-53. Planned unit development overlay regulations.

This section describes the terms and provisions under which a planned unit development overlay is considered and approved, describing regulatory intent, standards and criteria for consideration, status of prior approved planned unit developments, modifications to village development codes that are allowed through this process, modifications to village development codes that are not allowed, approval stages, submittal requirements, criterial for approval of a planned unit development overlay and other provisions to administer consideration and approval. Furthermore, the village may provide additional guidelines to establish a planned unit development overlay.

(1)

Regulatory Intent. A planned unit development overlay district, as defined under planned unit development in section 100-29, is a regulatory process allowing modifications to a development plan to meet overall community land use goals and density criteria without being bound by exact development standards of an individual zoning district. The process provides a flexible regulatory framework designed to allow developers greater freedom, imagination and flexibility in the development of land while ensuring substantial compliance with the basic intent of the comprehensive plan and zoning code. In the Village of Mukwonago, a planned unit development is an overlay district approved as a conditional use which does not appear on the municipal zoning map until a planned unit development overlay district is approved for the development site.

(2)

Standards and criteria established. Each planned unit development overlay district is approved as a conditional use. Planned unit developments, as defined in section 100-29, are substantially different in character from other conditional uses and for this reason, specific standards and criteria are hereby established to regulate each planned unit development overlay district. The following describe general standards and criteria in the use and approval of a planned unit development overlay district.

(a)

A minimum property size of two acres is required for a property owner to request a planned unit development overlay district.

(b)

At time of approval, a planned unit development overlay district shall be in a unified ownership either in a single property or a grouping of properties in the unified ownership. Nothing in the planned unit development overlay district approval shall prevent future land division or sale of all or portions of the development, such as condominium ownership. Approval of a planned unit development overlay district may specify the terms of development phasing and timing of land division or sale.

(c)

The development type allowed in a planned unit development overlay district shall be consistent with the land use descriptions and policies for the subject property of the village comprehensive plan, and shall be approved with an underlying base zoning district. A planned unit development overlay district may be approved with multiple underlying base zoning districts to improve the orderly development of the unified site, or when other underlying base zoning districts must remain pursuant to other requirements, such as a floodplain district.

(d)

Uses permitted in a planned unit development overlay district shall conform to uses permitted in the underlying base zoning district or districts. Individual structures shall comply with the specific building area and height requirements of the underlying base zoning district, except when height regulations of the underlying base zoning district allows flexibility via the planned unit development process. All open space of the underlying base zoning district shall be complied with either individually or by providing the combined open space required for the entire development in one or more locations within the development. However, a planned unit development overlay district approved as a business mixed use overlay district or a village center overlay zoning district shall conform to the standards of that specific overlay district as outlined in this chapter 100.

(e)

All zoning districts allowed in this chapter may be utilized as underlying base zoning district or districts in a planned unit development overlay district, except for residential districts that permit single family development.

(f)

Approval by the village board, with recommendation from the plan commission, shall include a detailed list of allowed modifications from zoning and other Village Municipal Code requirements along with a detailed list of approved development plans. Each planned unit development shall be further regulated by a developer's agreement.

(3)

Prior approved planned unit developments. The Village of Mukwonago has allowed prior planned unit developments in specific zoning districts with a specific set of criteria. While planned unit development approval via the prior criteria is no longer an option within this chapter 100; nonetheless, developments approved pursuant to prior criteria remain in good standing if conforming to the plans and standards approved for each specific planned unit development. Any requested change in the approved plans or standards shall be amended through this process of section 100-53.

(4)

Modifications allowed. To create a unified development that is economically successful to both the developer/owner and the Village, and to require high quality standards for site design, architectural design, landscaping, proper infrastructure, environmental protections and protection of persons and property, modifications to any development standard may be allowed, except for those listed in subsection (5) of this section. With approval of modifications, the village may require aesthetic enhancements to the development design, and may require design enhancements and property maintenance standards for the protection of persons and property. Generally, a typical planned unit development overlay district will involve the following modifications to normal development standards.

(a)

Setbacks. Building, parking lot and drive aisle setbacks may be modified. With reduced setbacks, the village may require larger setbacks on another part of the property and may require additional landscaping or use of berms, for example, to offset a lesser setback. Through a planned unit development, drive aisle setbacks may be modified or eliminated to promote cross access between adjacent properties in separate ownerships. Approval of a planned unit development may set a minimum standard for distance between buildings within the same planned unit development.

(b)

Greenspace. Minimum greenspace setbacks may be modified. With reduced setbacks, the village may require larger setbacks on another part of the property and may require additional landscaping or use of berms, or additional or larger parking lot landscaped islands, for example, to offset a lesser setback.

(c)

On-site parking. Modifications to on-site parking requirements may occur, especially in a unified development where various uses on the site have different parking demand times throughout the day or week and allows shared parking between uses, or when a use of uses on a property have an established lower parking demand than required by the parking standards. Parking modifications may apply to parking space and aisle minimum widths and sizes for uses that display vehicles or equipment. Through planned unit development modifications, the village may establish design standards for any requested parking structure.

(d)

Architectural design. Modifications to the minimum architectural standards of the underlying zoning district may occur to enhance and provide greater quality to a development than the minimum standards allow, or to enhance an architectural theme of a unified development.

(e)

Architectural embellishments. In non-residential developments, modifications to building height maximums may occur to provide architectural embellishments, such as a spire or clock tower that is part of an architectural theme.

(f)

Multiple buildings on a site. Modifications may occur to allow multiple principal buildings on a site and/or to allow buildings normally considered accessory structures, such as clubhouses, pavilions, gazebos, etc.

(g)

Outdoor display. Modifications may occur to allow outdoor displays of goods for sale within the adjacent principal building. The village may establish standards for location, type, amount and duration of outdoor display.

(h)

Exterior lighting. Modifications may occur to allow for taller parking lot lighting poles to reduce the amount of light poles needed to provide adequate parking lot light coverage. The village may establish standards for pole and lighting luminaire design.

(i)

Signage. Modifications may occur to allow for larger individual wall signs and which side of a building wall signs is allowed to increase visibility of a business or businesses in a unified development that is not in a traditional strip-mall design. Modifications may occur to the location and amount of freestanding signs within a unified development.

(j)

Property size. Modifications may occur to underlying zoning standards for any lot size, width or depth requirement for sites within unified developments that may be divided and sold after approval, such as a satellite lot for an outbuilding within a retail development. This modification allowance also applies to an outlot division to allow for orderly site development, such as an outlot for a storm water management basin or property reserved for future right-of-way purposes.

(5)

Modifications not allowed. The following standards shall not be modified.

(a)

Residential dwelling unit density (as described in the underlying zoning district standards as dwelling units per acre).

(b)

Maximum building height (as described in the underlying zoning district standards as maximum number of stories or maximum height in feet), except when height regulations of the underlying base zoning district allows flexibility via the planned unit development process.

(c)

Parking lot and aisle width dimensions (within customer and employee parking areas).

(d)

Building codes and other life safety codes.

(e)

Village development codes (infrastructure design standards, storm water management and erosion control standards and other environmental protection standards).

(f)

Required floodplain, wetland or shoreland setbacks.

(g)

Use within designated floodplains, wetland areas or environmental corridors.

(6)

Approval Stages. All proposals for planned unit development overlay are submitted and approved in two stages, except under subparagraph (c) below:

(a)

General development plan. The first stage is a general development plan which shows the entire property holding. The general development plan shows the general locations of buildings or building envelopes, common open spaces, parking and drive areas, principal landscape features and all public infrastructure planned for the entire unified development site. If the development is proposed to occur in phases, sequence of development should be indicated. It is recognized that general development plans are often submitted prior to the identification of the ultimate land user or the specific land uses.

(b)

Detailed or final development plan. The second stage is a detailed or final development plan which shows detailed plans and information for that portion of a project which is intended for construction in the near future. Frequently detailed plans are submitted for only those portions of the total project area shown in the general development plan which are planned for immediate development. Subsequent phases of development are shown in separate detailed plans prepared at the time of development.

(c)

With any proposed planned unit development overlay with a unified property size of five acres or less, the applicant may choose to go directly to detailed or final development plan approval. In this case, the requirements for submittal and review for a general development plan and a detailed or final development plan shall be combined.

(7)

Submittal requirements.

(a)

General development plan.

1.

A site map drawn to a scale of 1″ equals 100′ or greater, showing existing topography and vegetation.

2.

A site plan drawn to a scale of 1″ equals 100′ or greater, showing proposed public streets, access points for private drives and driveways, proposed building envelopes and the location of common open space or preserved green areas.

3.

Conceptual landscape plan showing the general location of new plant materials, landscaped features and screens and berms. Areas where mature vegetation is to be removed must be shown on the conceptual landscape plan.

4.

Conceptual grading plan showing general site drainage, the location of on-site stormwater management facilities, and any modification of the existing topography.

5.

Photographs of the site and the adjoining properties.

6.

If available, building elevations or photographs of other comparable buildings constructed on other sites.

(b)

Detailed plan submittal requirements.

1.

Detail site plan based on a certified survey, condominium plat or subdivision plat, showing precise locations and size of all elements shown on the general development plan.

2.

Building plan showing exterior elevations and floor plans of each building proposed for construction. The plans shall include descriptions of materials and colors. The plan commission may request material and color samples. Include finished ground and basement floor grades.

3.

Engineering plan showing existing and proposed topography with contours at intervals not exceeding two feet, proposed drainage patterns, site grading plan, sanitary sewer system, storm sewer system and water supply system, all subject to approval by the village engineer.

4.

Landscape planting plan showing the type, size, and location of plantings, retaining walls and other landscape features.

5.

A storm water management plan and erosion control plan as required by this Code.

6.

Other special documents showing such other design components and related information as may be required by the plan commission or village board. These may include, but are not limited to, maintenance agreements, development agreements, plan(s) of operation, property owner's association documentation, and deed restrictions.

(8)

Criteria for approval. The intent of the PUD procedures is to enable the developer to have greater flexibility in planning for land uses and site design than would be permitted under standard zoning provisions. However, there are some general criteria that the plan commission will follow in reviewing and approving PUDs. Criteria for approval include:

(a)

A planned development may be allowed by the plan commission where natural features are determined to warrant preservation.

(b)

Existing mature vegetation and natural topography will be preserved to the greatest extent feasible.

(c)

The character and intensity of the proposed development must be compatible with existing and planned land uses on nearby and adjoining properties.

(d)

The proposed development must not result in diminishment of property values of adjoining or nearby properties.

(e)

Existing and planned street and highway improvements are adequate to handle the projected volumes of traffic generated by the proposed development.

(f)

There is adequate capacity in the public sanitary sewer and stormwater sewer system to handle projected demand.

(g)

The proposed circulation system and the design and layout of utilities have taken into account existing and potential streets and utility systems on adjoining parcels.

(h)

The extent of paving, drainage, patterns or topographic modifications will not disrupt natural drainage patterns on adjoining or nearby sites or otherwise result in environmental damage to downstream areas.

(9)

Application procedure and required information.

(a)

Preliminary staff consultation. A petitioner shall have a preliminary consultation with the village administrator and such other village staff and consultants that the administrator deems needed and appropriate to conduct a preliminary review of the application.

(b)

Preliminary plan commission consultation. An applicant may meet with the plan commission for a preliminary consultation prior to formally submitting a conditional use application. The purpose of the preliminary consultation is to discuss the proposed request, review the local regulations and policies applicable to the project, and discuss the land use implications of the proposal.

(c)

Application and general development plan.

1.

The applicant shall submit a conditional use application in accordance with the application procedure described in this chapter. In addition to the required information, a general development plan shall be submitted to the plan commission and village board for review.

2.

In addition, other documents or related information may be required by the plan commission and village board, which may include, but is not limited to, economic impact and market feasibility studies, soil borings and site environmental analysis.

3.

The general development plan and related information shall be available for public inspection prior to any public hearing for conditional use zoning on the proposed project.

(10)

Resolution on conditions and restrictions.

(a)

A planned unit development overlay may be regulated by specific and additional standards and modifications different from conventional zoning regulations. To accomplish this, the plan commission may recommend and the village board may adopt by resolution specific conditions and restrictions for each planned unit development overlay project. The specific conditions and restrictions may specify permitted uses, density standards, including lot area, yard setbacks, open space, dwelling unit size and distribution, and other appropriate regulations.

(b)

The resolution containing the conditions and restrictions may also include other nonstandard or non-uniform requirements, regulations and provisions as recommended by the plan commission and approved by the village board. Such nonstandard requirements, regulations and provisions shall be designed to ensure proper development and appropriate operation and maintenance of each specific planned unit development overlay project.

(c)

Owners, their heirs, successors, and assigns shall agree by contract with the village to comply with all applicable laws and regulations, including the specific conditions and restrictions adopted to regulate a specific planned development project.

(11)

Detailed plans and information.

(a)

After conditional use zoning has been granted based upon the information shown in the general development plan, detailed plans and information covering that portion of the total project which is intended for construction shall be submitted for approval prior to the issuance of a building permit.

(b)

The detailed plans and information shall be submitted to the plan commission for its review and approval at least 30 days prior to the expected date of approval by the plan commission. After approval by the plan commission, all detailed plans and information shall be submitted to the village board along with any written statement of the plan commission findings and recommendations within 45 days. The village board shall approve all detailed plans and information prior to the issuance of a building permit or any other permits.

(c)

The detailed plans and information shall cover that portion of the project which is intended for construction and shall include all data required this chapter.

(12)

Common open space. All residential planned unit development overlay shall provide permanent common open space. The open space may be in public ownership or in private ownership with an open space easement to assure that the open space will be permanent. The common open space area shall be conveniently accessible to all residential dwelling units within a planned development and is further defined as follows:

(a)

Common open space includes:

1.

Land area of the site not covered by buildings, parking structures or accessory structures, except recreational structures. Underground parking decks may be counted as open space.

2.

Land which is accessible and available to all occupants of dwelling units for whose use the space is intended.

(b)

Common open space does not include:

1.

Land area covered by buildings.

2.

Proposed street rights-of-way, public or private.

3.

Open parking areas and driveways for dwellings.

4.

Public or private walkways.

5.

School sites.

6.

Commercial areas and the buildings, accessory buildings, parking and loading facilities for these commercial areas.

7.

Land determined unsuitable by the plan commission.

(13)

Maintenance of project.

(a)

Should the owner of a planned unit development overlay fail to properly operate or maintain the project or premises to the extent that a nuisance is caused to occupants or neighbors or constitutes a nuisance to nearby properties, the village may refuse to approve subsequent stages of development until the situation and/or method of operation has been corrected.

(b)

Should the owner of a planned development fail to adequately perform maintenance functions, such as snow and ice removal, weed cutting or trash disposal, the village shall have the right to perform such functions or to contract for their accomplishment at the expense of the owner of the planned unit development overlay.

(c)

The care and maintenance of common open space shall be insured either by establishment of appropriate management organization for the project or by an agreement with the village for establishment of a special district for the project area on the basis of which the village shall provide the necessary maintenance service and levy the costs thereof as a special assessment on the tax bills of the properties within the project area. In any case, the village shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the village.

(14)

Changes or revisions.

(a)

All changes, revisions or additions to any aspect of an approved planned unit development overlay project shall be submitted to the plan commission for review and consideration; except minor plan revisions to comply with conform to health and safety standards may be approved by the zoning administrator.

(b)

A public hearing shall be held by the plan commission and a written recommendation to approve, approve with conditions, or deny shall be submitted to the village board prior to a final decision by the board.

(15)

Relationship to Subdivision Control Ordinance.

(a)

Any planned development which initially involves a division of land or any successive division of land shall be subject to the regulations of chapter 45 of this Code.

(b)

However, the design standards and required improvement in chapter 45 may be modified or waived upon recommendation by the plan commission and approval by the village board where strict compliance may result in not achieving the design flexibility necessary to achieve the objectives of the planned development.

(16)

Failure to comply. Failure to comply with the conditions and restrictions as herein established and specifically made applicable to a specific planned development shall be cause for termination of the approval for such project. At least 15 days' notice shall be given to the developer to appear before the plan commission and answer any such charges of noncompliance. If the plan commission finds the charges substantiated, they may recommend such termination of the project approval if the situation is not satisfactorily adjusted within a specified period.

(Ord. No. 926, § II(Exh. A), 4-18-17)