Zoning Code | Permit Center | Planned Development District

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Planned Development District
Description: A planned development district allows for more flexibility in the development of land while ensuring substantial compliance with the intent of this chapter and the City’s comprehensive plan.

Initiation: The owner of the subject property may submit an application for a planned development district.

Decision-maker(s): The Planning Commission makes a recommendation and the Common Council makes the final decision.

Application fee: $500 for General Development Plan; $300 for Final Development Plan; $150 for amendment to an existing plan.

Submittal deadline: The filing deadline is four weeks prior to the meeting in which you wish to appear. Please consult the annual Planning Commission schedule for specific dates.

Review process: Establishment of a planned development district involves a two-step process. The review of a proposed project begins with a general development plan. If the general development plan is approved (i.e., an ordinance is adopted), 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 development district.

    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 City’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 City’s zoning requirements.
  2. Pre-application conference with Planning Commission. The applicant shall meet with the Planning Commission for an informal discussion relating to the proposed project. At that meeting, the applicant shall provide the Planning 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 Common Council.
  4. Staff review. Within 30 calendar days of submittal, 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 of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. 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 4, 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 Planning Commission and Common Council, the applicant, and any other interested person upon request.
  7. Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing to review the application consistent with Division 3 of Article 4. Prior to the close of the public hearing, the applicant or the Planning Commission may request a continuance consistent with Division 3 of Article 4. If a continuance is granted, the Planning 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 Planning Commission may direct the zoning administrator, city engineer, and/or the city attorney to prepare such documents it deems necessary, including a preliminary decision document.
  9. Recommendation. At a subsequent meeting of the Planning Commission, but no more than 60 calendar days after the public hearing, the Planning Commission shall make a recommendation to the Common Council 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.
  10. General notice. Consistent with Division 2 of Article 4, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
  11. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
  12. Decision. The Common Council after considering the Planning 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.
  13. Preparation of decision document. If the general development plan is approved, the zoning administrator shall prepare a final ordinance.
  14. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
  15. Acceptance by property owner. If the general development plan is approved, the property owner shall sign the decision document to acknowledge the terms of the approval 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 City Clerk requesting an extension and the zoning administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document 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 City. The decision document shall only become effective when all of the property owner signatures have been obtained and the original signature copy is returned to the zoning administrator. (verify)
    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 Common Council. At the discretion of the applicant, such materials may be submitted concurrently with the review of the general development plan.
  2. Staff review. Within 30 calendar days of submittal, the zoning administrator shall either schedule a date for review by the Planning Commission or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. 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 4, 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 Planning Commission and Common Council, the applicant, and any other interested person upon request.
  5. Meeting. Allowing for proper notice, the Planning Commission shall review the precise implementation plan and the staff report.
  6. Determination of consistency. The Planning 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 Planning Commission determines that the precise implementation plan is not generally consistent, the Planning 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 with the general development plan, the Planning Commission shall make a recommendation to the Common Council 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. General notice. Consistent with Division 2 of Article 4, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
  9. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
  10. Decision. The Common Council after considering the Planning 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.
  11. Preparation of decision document. Based on the action of the Common Council, the zoning administrator shall prepare a decision document consistent with this division.
  12. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
  13. Acceptance by property owner. If an approval includes one or more conditions of approval, the property owner shall sign the decision document 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 City Clerk requesting an extension and the zoning administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document 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 City. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.