PDD-2 - Planned Development Districts - Commercial and Industrial Districts., SubChapter I. Zoning Code, Chapter 12. Zoning and City Planning, Municipal Code, Code of Ordinances, West Allis

(1)

Intent. The regulations of this District are intended to allow for greater flexibility and design freedom than would be permitted by the standard application of normal District regulations, in the case of tracts of land of suitable size and appropriate location, where the unified and planned development of such tract would make possible more desirable utilization of the site and produce a more aesthetically satisfying and economically desirable development than would result from the application of normal district controls.

(2)

Application of Regulations.

(a)

The regulations of this District herein set forth shall apply as an "overlay" of permissive and regulatory grant upon the regulations of all basic underlying existing Commercial and Industrial Districts.

(b)

Individual uses and structures, as permitted and regulated by the underlying basic District, shall continue to be subject to the regulations as already established unless they are a part of a proposed Planned Development.

(c)

The unified and Planned Development of a site, in single or corporate ownership at the time of development, may be permitted in a Planned Development Overlay District without the customary division into individual lots, and without requiring compliance to the specific District use regulations or the regulations applicable to uses on individual lots (such as specified building location, size, height, yard, lot size and open space requirements), subject to the regulations of this Subchapter and of the specific Planned Development Overlay District. Individual lots or buildings may subsequently be conveyed to separate ownerships in conformity to the plan as submitted. Where such division has not been indicated on the approved plan, it may be permitted only upon approval by the Common Council based upon submittal of satisfactory evidence that such conveyance will not substantially affect adversely the total Planned Development, as approved, and that maintenance of common areas and necessary utilities are assured.

(d)

Normal standards relative to road design or other engineering matters may be modified in Planned Development consistent with good engineering practice as determined by the City Engineer.

(e)

The application of these regulations shall be to parcels of one acre or more in size.

(3)

Permitted Uses in a Planned Development. In a Planned Development under the regulations of this Subchapter, all permitted uses shall be conditional upon the determination as to their appropriateness within the context of the City's Master Plan, and subject to such conditions as are established as part of the final plan approval.

(a)

Any uses permitted in an underlying Commercial or Industrial District may be permitted in a Planned Development.

(b)

Where the underlying zoning is entirely commercial, any use permitted in a Commercial District may be permitted and, in addition, any residential use may be permitted where, in the opinion of the Common Council, the economic resource to the community in terms of the commercial potential of such land was not being wasted, and where the addition of the residential development would not substantially affect adversely the planned provision for municipal services.

(c)

Where the underlying zoning consists of a mixture of Commercial and Manufacturing Districts, any commercial or industrial use may be permitted according to the appropriate ratio and interrelationship established by the underlying zoning. Such ratio and interrelationship may be modified by the City where, in its opinion, such modification would not result in substantial adverse effect upon the City's Comprehensive Plan or the planned provision for municipal services.

(d)

In addition to accessory uses permitted in the underlying basic District, such uses as a recreational area, pavilion or similar use designed as an accessory amenity or service to the Planned Development may be permitted.

(4)

Procedure.

(a)

Pre-application Conference. Prior to the formal submission of an application for consideration of a Planned Development District, the applicant shall confer with the Planning Office and other Departments as may be necessary to obtain information and direction on development plan requirements and procedures.

(b)

Application. Application for consideration of a Planned Development District shall be made in writing to the Common Council by filing the same with the City Clerk and shall include the following:

(i)

Name, addresses and signatures of the applicant and/or owners of the proposed project, and the names and addresses of the architect, planner and professional engineer.

(ii)

Description of the subject site by lot, block and recorded subdivision, or by meets and bounds, and address of the subject site.

(iii)

A general development plan including maps, preliminary building plans and a written statement showing enough of the surrounding area to demonstrate the relationship of the proposed development to adjoining uses, both existing and proposed. The maps shall contain the following information:

Plat of survey prepared by a registered land surveyor showing all information necessary for a building and zoning permit.

The existing topographic features of the land and major grading changes proposed.

Existing and proposed land uses.

A site plan showing existing and proposed buildings and structures, common open space, open space around buildings and structures and any other existing or proposed improvements.

Elevation and perspective drawings of all proposed structures and improvements and their accessory buildings.

Off-street parking and loading plan.

A circulation diagram indicating the proposed movement of goods, vehicles and pedestrians within the proposed area and to and from existing thoroughfares.

Location of refuse collection areas.

The location and size of storm, sanitary and water facilities.

Landscaping and screening plan.

(iv)

The written statement to accompany the development plans shall contain the following information:

Evidence that the applicant has legal interest in the lands encompassed within the Planned Development.

A statement of present ownership of all lands in the proposed project.

Statistical data on total size of project area, area of open space, density computation and proposed number of residential units, population analysis, impact upon municipal services and any other similar data pertinent to a comprehensive evaluation of the proposed development.

A general summary of financial factors such as value of structures, estimated improvement costs, amount proposed for landscaping and special features, estimated sale or rental price and total anticipated development cost of the project.

General outline of intended organizational structure related to property owner's association, deed restrictions and provision of services.

A statement of proposed financing.

A statement restricting the project to be constructed, as proposed, with written agreement that the City does have the right to hold building permits for any or all of the project if it does not conform to the original proposal, unless changes have been mutually agreed upon.

A development schedule as follows:

The approximate date when the construction of the project can be expected to begin.

ii.

The stages in which the project will be built and the date when construction of each stage can be expected to begin.

iii.

The dates when each of the stages can be expected to be completed.

iv.

Agreements, provisions or covenants which govern the use, maintenance and continued operation of the Planned Development and any of its common open area.

(v)

A fee of five hundred dollars ($500) shall be paid upon submission of the Planned Development District application.

(5)

Review Procedure. Upon the formal submission of an application for a Planned Development District, along with the proper fee, the Common Council shall refer the application to the Plan Commission for review and recommendation. As a result of this recommendation, the Common Council shall establish a date of the public hearing and such hearing shall be held prior to any final action by the Common Council. Such hearing requires a Class II Notice.

(6)

Basis for Approval.

(a)

Consistency. That the proposed development is consistent with the spirit and intent of this Subchapter, is in conformity with the general character of the City and would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood, but rather that the benefits from improved design of the resultant development justifies the variation from the normal requirements of this Subchapter through the application of a Planned Development Overlay District.

(b)

Demonstrated Competent Planning. That the proponents of the proposed development have demonstrated that they intend to start and complete construction within a reasonable period following the approval of the project and requested overlay of the Planned Development District, that the project appears economically sound, that the proponents of the proposed development have the financial capacity to carry out the project, as proposed, and intend to commence and complete construction within the time proposed.

(c)

Compatibility with Surrounding Area. That the size, quality and architectural design of all buildings in the project will be compatible with the general character of the City and specifically to the surrounding neighborhood. The following criteria shall be applied in making such determination:

(i)

No building shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character, in relation to the surroundings, as to be unsightly or offensive to generally accepted taste.

(ii)

No individual building shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony and drabness. In applying this standard to attached or row buildings, to apartment groupings or commercial centers, the overall composition and aesthetic effect shall be considered.

(iii)

No building shall be permitted where any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to the surrounding properties.

(iv)

No building shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area or which would unreasonably affect adversely the beauty and general enjoyment of existing residence on adjoining properties.

[Ord. 6562 [repeal 12.61(6)(d), (e) and (f)], 3/6/2001]

(7)

Commercial Developments.

(a)

That the economic practicability of the proposed development can be justified on the basis of purchasing potential, competitive relationship and demonstrated tenant interest.

(b)

That the proposed development will be adequately served by off-street parking and truck service facilities.

(c)

That the locations for vehicular entrances and exits have been designed to prevent unnecessary interference with the site and efficient movement of traffic on surrounding streets and that the development will not create an adverse effect upon the general traffic pattern of the area.

(d)

That the architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not creating a substantially adverse effect upon the property values of the surrounding neighborhood.

(8)

Industrial Developments.

(a)

That the operational character, physical plant arrangement and architectural design of buildings will be compatible with contemporary performance standards and industrial development design and will not produce an effect upon the property values of the surrounding neighborhood substantially incompatible with that anticipated under the City's Comprehensive Plan for development.

(b)

That the proposed development will have adequate provisions for off-street parking and truck service areas and will be adequately served by rail or highway facilities.

(c)

That the proposed development is properly related to the total transportation system of the community and will not produce an effect on the safety and efficiency of the public streets substantially incompatible with that anticipated under the City's traffic plans.

(9)

Mixed Use Developments.

(a)

That the proposed mixture of uses produces a unified composite which is compatible within itself and which, as a total development entity, is substantially compatible with the surrounding neighborhood and consistent with the general objectives of this Section.

(b)

That the various types of uses conform to the general requirements applicable to projects of such use character.

(10)

Landscaping and Screening Bond. A surety bond or other form of security in the amount of one hundred twenty-five percent (125%) of the estimated cost of the landscaping and screening warranting and guaranteeing the landscape and screening plan as submitted and approved by the Plan Commission as part of the development. The bond shall be approved by the City Attorney prior to issuance of any building permits.

(11)

Determination. The Common Council, after due consideration, may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions. Such approval shall constitute approval of the zoning change to impose this Planned Development Overlay District and of the specific project development plan.

(12)

Approval.

(a)

The approval of an application and consequent amending of the Zoning Map by overlay of this Planned Development Overlay District shall be based on, and include as conditions thereto, the building, site and operational plans for the development, as approved, as well as all other commitments offered or required as regard to project value, character or other factors pertinent to an assurance the proposed development will be carried out basically as presented in the official submittal plan. Detailed construction and engineering plans are conditioned upon the subsequent submittal to, and approval by, the Building Inspector.

(b)

A subdivision development agreement relative to improvements shall be agreed with by the developer and the Board of Public Works.

(13)

Contract. The developer shall enter into an appropriate contract with the City to guarantee the implementation of the development according to the terms of the conditions established as part of the development plan approval.

(a)

If no construction has begun or no permanent use has been established in the Planned Development District within one year from the approval of the final development plan, the final development plan and related restrictions and conditions shall lapse and be no further effect. In its discretion and for good cause, the Common Council may extend, for not more than one additional year, the period for the beginning of construction on the establishment of a permanent use. If a final development plan and related restrictions and conditions lapse under the provisions of this Section, the City Clerk shall file a notice of revocation with the Register of Deeds of Milwaukee County.

(b)

After approval of the Planned Development by the Common Council, the developer shall, at the time of application for building permits, pay a fee to the City Treasurer computed on the basis of three hundred dollars ($300) per unit (residential, commercial or manufacturing). In the event the development consists of more than one billing or more than one phase, the fee shall be for those units for which a building permit is being requested and any credits due for fees previously tendered shall be on a proportional basis.

(14)

Changes and Amendments. No changes shall be made in the approved final development plan and related restrictions and conditions during construction, except upon application under the procedures provided.

Minor changes in location, setting and height of buildings and structures may be authorized by the Plan Commission if required by circumstances not foreseen at the time the final development plan and related restrictions and conditions were approved. All other changes in use, any rearrangement of lots, blocks and building tracts, any changes in the provisions of common open spaces and all other changes in the approved final development plan or related restrictions and conditions must be authorized by the Common Council under the procedures authorized for approval of a Planned Development District. No amendments may be made in the approved final development plan or related restrictions and conditions unless they are shown to be required by changes that have occurred in conditions since the final development plans and related restrictions and conditions where approved or by a change in the development policy of the City.

(15)

Compliance.

(a)

Upon any question as to compliance of an approved Planned Development, with the conditions and regulations as herein established and made specifically applicable to such development, the appropriate responsible party shall be given at least fifteen (15) days notice to appear before the Plan Commission to answer such charge of noncompliance.

(b)

If the Plan Commission finds the change substantiated and does not receive adequate assurance that the situation will be corrected within a reasonable time, as determined by the Plan Commission, it shall then recommend to the Common Council appropriate action to secure compliance or to revoke the approval of the development plan. Upon such revocation, no further building permits shall be issued within the project until approval has been reinstated in whole or part. In the case of failure to resolve the problem or to complete the development for any reason, the Common Council may require revision of the development plan to whatever degree is deemed necessary to achieve modified development with consideration of the specific problems of adjustment to the surrounding neighborhood consistent with the spirit and intent of the basic zoning regulations and of the original grant of the Planned Development approval.