Zoning Code | Procedures - Planned Unit Development District

DescriptionA planned unit development allows for more flexibility in the development of land while ensuring substantial compliance with the basic intent of this code and the town’s comprehensive plan. A planned unit development may be allowed as a conditional use.

Application fee: $440, plus any professional charge-back fees related to the review of the application

Submittal deadline: The zoning administrator must determine the application is complete and ready for review at least 4 weeks before the Plan Commission meeting, which is typically held the first Monday of the month.

Decision maker(s)Plan Commission makes a recommendation and the Town Board makes the final decision

Basis of decision: In the review of a general development plan and the precise implementation plan, the Plan Commission in making its recommendation and the Town Board in making its decision shall consider the following factors:
  1. whether development in the proposed project is in keeping with the spirit and intent of this chapter;
  2. whether development in the proposed project is consistent with the town’s comprehensive plan;
  3. the effects of development in the proposed project on traffic safety and efficiency, both within and outside of the district;
  4. whether the proposed plan for development in the proposed project is properly planned and is properly coordinated with the existing and anticipated land uses on properties in the immediate and surrounding area;
  5. the extent to which the natural features, open space, and/or farmland on the site are preserved;
  6. the extent to which the rural character of the area is preserved;
  7. whether development in the proposed project complies with provisions of this chapter and other land development regulations of the town that may apply;
  8. the effects of development in the proposed project on public services and facilities;
  9. whether adequate water and sanitary sewer facilities can be provided to development in the proposed project;
  10. the proposed means of maintaining any undeveloped areas of the proposed project for the purpose for which it was set aside;
  11. effects of the proposed use on surrounding properties, including operational considerations relating to hours of operation and creation of potential nuisances;
  12. effects of the proposed use on the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district and adjoining districts;
  13. whether the plan for development is clearly superior to development that is permitted based on the design and development standards of the underlying zoning district; and
  14. any other factor that relates to the purposes of this chapter as set forth in s. 500.05 of the zoning code or as allowed by state law.

Review process: Establishment of a planned unit development involves a two-step process. The review of a proposed project begins with a general development plan. If the general development plan is approved, 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 shall be used in the review of an application for the establishment of a planned unit development.

Step One – General Development Plan
  1. Pre-submittal meeting with zoning administrator. The applicant or the applicant's agent shall meet with the zoning administrator to review (i) applicable regulations and procedures, (ii) applicable sections of the town’s comprehensive plan, and (iii) the proposal. Upon request, the zoning administrator may waive the requirement to hold a pre-submittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the town’s zoning requirements.
  2. Pre-application conference with plan commission. The applicant shall meet with the Plan Commission for an informal discussion relating to the proposed project. At that meeting, the applicant shall provide the Plan Commission with materials that describe the proposed project in sufficient detail for a preliminary, non-binding review.
  3. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Town Board.
  4. Staff review. Within 10 days of receiving the application and other required materials, the zoning administrator shall either schedule a date for the public hearing allowing for proper public notice or make a determination that the application is incomplete and notify the applicant in writing of the deficiencies and that the applicant has 3 months from the date of such determination to resubmit the application or forfeit the application fee, if any. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
  5. General notice. Consistent with division 2 of article 5, the zoning administrator shall provide for class 2 public notice, property owner notice, and meeting agenda notice.
  6. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Town Board, the applicant, and any other interested person upon request.
  7. Public hearing. Allowing for proper notice, the Plan Commission and the Town Board shall conduct a joint public hearing to review the application consistent with division 3 of article 5. Prior to the close of the public hearing, the applicant, the Plan Commission, or the Town Board may request a continuance consistent with division 3 of article 5. If a continuance is granted, 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 submit a follow-up report to the commission and/or direct the zoning administrator to prepare such documents it deems necessary, including a preliminary decision document.
  9. Recommendation. At a subsequent meeting of the Plan Commission, but no more than 60 days after the public hearing, the Plan Commission shall make a recommendation to the Town Board based on the decision criteria contained in this division 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 approve the general development plan.
  10. Decision. The town board after considering the Plan Commission’s recommendation shall make a decision based on the decision criteria contained in this division 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.
  11. Preparation of decision notice. Based on the action of the town board, the zoning administrator shall prepare a decision notice consistent with this division.
  12. Applicant notification. Within a reasonable time following the Town Board’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
  13. Acceptance by property owner required. If an approval includes one or more conditions of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions and return the same to the zoning administrator within 2 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the town clerk requesting an extension and the Town Board may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the town. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk.
            
Step Two – Precise implementation plan
  1. Submittal of precise implementation plan. The applicant shall submit 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. Staff review. Within 10 days of receiving the application and other required materials, the zoning administrator shall either schedule a date for review by the Plan Commission or make a determination that the application is incomplete and notify the applicant in writing of the deficiencies and that the applicant has 3 months from the date of such determination to resubmit the application or forfeit the application fee, if any. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
  3. General notice. Consistent with division 2 of article 5, the zoning administrator shall provide for a meeting agenda notice.
  4. Staff report preparation and distribution. The zoning administrator shall 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. The zoning administrator shall provide a copy of it to each member of the Plan Commission and Town Board, the applicant, and any other interested person upon request.
  5. Meeting. Allowing for proper notice, the Plan Commission and the Town Board shall jointly review the precise implementation plan and the staff report.
  6. Determination of consistency. The Plan Commission shall determine 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.
  7. Recommendation. If the precise implementation plan is deemed to be consistent, the Plan Commission shall make a recommendation to the Town Board based on the decision criteria contained in this division to (i) approve the precise implementation plan, (ii) approve the precise implementation plan with conditions, or (iii) deny the precise implementation plan.
  8. Decision. The Town Board after considering the Plan Commission’s recommendation shall make a decision based on the decision criteria contained in this division to (i) approve the precise implementation plan, (ii) approve the precise implementation plan with conditions, or (iii) deny the precise implementation plan.
  9. Preparation of decision notice. Based on the action of the Town Board, the zoning administrator shall prepare a decision notice consistent with this division.
  10. Applicant notification. Within a reasonable time following the Town Board’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail. 
  11. Acceptance by property owner required. If an approval includes one or more conditions of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions and return the same to the zoning administrator within 2 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the town clerk requesting an extension and the Town Board may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the town. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk.