HomeMy WebLinkAboutResolution 2008 (26) RESOLUTION APPROVING AMENDMENT TO TOWN OF HUDSON
ZONING ORDINANCE — PLANNED UNIT DEVELOPMENT DISTRICT
Resolution No. ( (e. (2008)
St. Croix County, Wisconsin
WHEREAS, On July 7, 2008 the Town of Hudson enacted the following zoning ordinance
amendments:
Section 105 -6, 105 -7 were amended to include a Planned Unit Development District.
Section 105 -14.1 was added describing the purpose, standards, requirements and
approval process for a Planned Unit Development (PUD) District allowing special exception
uses for multi -unit independent senior living facilities and related amenities; multi -unit
temporary limited care living facilities and related amenities; multi -unit assisted living facilities
and related amenities; and multi -unit skilled nursing living facilities and related amenities.
WHEREAS, Section 60.62(3), Wisconsin Statutes states that in counties having a county zoning
ordinance no town zoning ordinance amendment is effective unless approved by the county
board; and
WHEREAS, St Croix County has a zoning ordinance; and
WHEREAS, the Planning and Zoning Committee has reviewed the proposed amendment and
recommends approval.
THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the amendment
to the Town of Hudson Zoning Ordinance set out in the attached document is hereby approved.
Offered by the Planning and Zoning Committee on August 12, 2008.
YES NO ABSTAIN ABSENT SUPERVISOR SIGNATURE
1 1 ❑ ❑ Eugene Ruetz a
II Sharon Norton / j
Bauman �.�� f r , AP
/.. /ll.
21 ❑ ❑ I I Lorin Sather / _,Uu,w
n U Steve Hermsen "
n n ❑ Peter Post
This Resolution was a opted by the St. Croix County Board
Reviewed by Corporation Counsel on of Supervisors on aI4/VaSf
Greg Timmerman, Corporation Counsel Cindy Campb II, County Clerk
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Chapter 105 Zoning Proposed Changes
§ 105 -6 Enumeration of districts
For the purpose of general zoning, there are created eight types of districts. All land zoned under Article
II, Zoning District Regulations, of this chapter shall be designated as one of these types. The district
types are:
- Add "H. Planned Unit Development (PUD) District."
§ 105 -7 General provisions on height and area
- Add to E. "(4) Planned Unit Developments as approved through the provisions of this chapter."
Add "§ 105 -14.1. Planned Unit Development District.
A. Statement of purpose. The planned unit development district is created for the following purpose:
(1) To establish a zoning district that provides an alternative to allow limited flexibility in regards to
design and development standards that are more compatible within designated areas as identified.
(2) To provide another housing alternative for community residents as noted in the Comprehensive
Plan.
(3) To provide a transition area adjacent to the city of Hudson or village of North Hudson
commercial /industrial zones and the town residential or agricultural /residential zones to facilitate
possible future need for public utilities.
B. Permitted uses. Any use expressly permitted in the original underlying zoning district, not including
special exceptions.
C. The following uses may be allowed as a special exception in accordance with § 105 -33.
(1) Multi -unit independent senior living facilities and related amenities.
(2) Multi -unit temporary limited care living facilities and related amenities.
(3) Multi -unit assisted living facilities and related amenities.
(4) Multi -unit skilled nursing living facilities and related amenities.
D. Minimum general requirements.
(1) Land area shall be a minimum of five (5) acres and be one parcel prior to any permits being issued.
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(2) The development shall have access which connects the development parcel to a public street, road
or highway built minimally to town and county standards.
(3) The development shall be adjacent to or within 200 feet of commercial or industrial zoned
property.
(4) The development shall be wholly, or in part, within 500 feet of the boundary of the village of
North Hudson or city of Hudson.
(5) Ownership'of the development area shall be a legal entity such as an individual, corporation,
partnership or trustee.
(6) Rezoning is required in accordance with § 105 -38. Due to the nature of this type of development,
the rezoning and development plan approval may be done concurrently.
(7) All town, city, county, state and federal codes as applicable shall be adhered to.
(8) The underlying zoning district standards shall apply if not specifically addressed in this section.
E. Height. No building shall be more than 40 feet. Measurement of the height shall commence from the
lowest grade to the highest point of structure, not including antennae, chimneys, etc.
F. Setbacks. Setbacks shall be approved on a case -by -case basis for each planned unit development.
However, any side yard setback for any building shall not be less than 50 feet; any rear yard setback
for any building shall not be less than 50 feet and any front yard setback for any building shall not be
less than 50 feet. Highway setbacks shall apply as applicable.
G. Lot coverage. In order to provide for adequate open space and drainage, impervious hardscape
improvements shall not exceed 40 percent of the development area.
H. Development plan approval. Plan Commission recommendation and Town Board approval is
required prior to any permit being issued and construction commencing. Any negative
recommendation by the Plan Commission shall require a 2/3 majority vote of the Town Board for
approval to be granted. In all cases, the Town Board shall find the following conditions present:
(1) The establishment of the use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
(2) The uses, values and enjoyment of other property in the neighborhood shall be in no foreseeable
manner substantially impaired or diminished by the establishment of the use.
(3) The establishment of the use will not impede the normal and orderly development of the
surrounding property for permitted uses.
(4) Adequate utilities, access roads so designed as to minimize traffic congestion or other hazards on
public streets or highways.
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(5) Storm water retention, drainage and other necessary site improvements as certified by a registered
professional engineer for the state of Wisconsin and reviewed by the County and Land & Water
Conservation Department.
I. Costs.
(1) A Cost Reimbursement and Security Agreement shall be in place prior to the review of the
application. All expenses related to the planned unit development are to be borne by the
owner /developer including, but not limited to various costs incurred by the Town such as attorney
fees, engineer fees, city and county review, and legal publication requirements. The agreement is
subject to modification based on the outcome of the review of the plans.
(2) Developer's Agreement. Prior to commencing any grading or construction of the development site
of any kind, the developer shall enter into a developer's agreement with respect to the planned
development which shall detail the responsibilities assumed by the developer including, but not
limited to, costs such as professional fees incurred by the Town and an irrevocable letter of credit
in an amount necessary to pay the costs of the roads and other infrastructure requirements of the
development.
J. Application process. In conjunction with the provisions of § 105 -38, the following is required:
(1) Site plan. Site plan approval must first be granted by the Plan Commission and then the Town
Board prior to any permit being issued and construction commencing. Copies of the site plan
with the date prepared and certified by a registered professional engineer for the state of
Wisconsin must be submitted to the Town Clerk at least 10 days in advance of the Plan
Commission or Town Board meeting at which the applicant is seeking approval. The site plan
shall be to scale and provide the following information:
(a) Name and address of the owner, developer and engineer.
(b) Legal description of existing site and description of any proposed change to meet the minimum
requirements.
(c) Location of the development area including dimension of property boundaries.
(d) Location map showing the development parcel and surrounding properties within 1/4 mile of the
site, a north arrow, total acreage within the development and public access and right -of -way
width.
(e) Existing and proposed topographic contours and drainage patterns at a minimum interval of two
feet. Include any on -site surface water control and retention systems, holding ponds, drainage
ditches and drainage patterns.
(f) Existing zoning classifications of the development and surrounding parcels.
(g) Open space with intended use(s) reserved for the use of all residents.
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(2) Preliminary development plan. Copies of the development plan with the date prepared must be
submitted to the Town Clerk at least 10 days in advance of the Plan Commission or Town Board
meeting at which the applicant is seeking approval. The development plan shall be to scale and
provide the following information:
(a) Name,. address and contact information of the owner, developer and engineer.
(b) Name of the development.
(c) Location of main building(s) and any accessory building(s) including setback distance from all
property boundaries.
(d) Style, number of dwelling units, density and type per building.
(e) Proposed use of any related on -site facilities.
(f) Off - street parking that shall have at least one (1) parking space for each dwelling unit, a
parking space for each required staff member taking shifts into consideration with enough
spaces for the highest number used and adequate visitor parking spaces including required
handicap parking. Any parking space(s) included in any structure(s) shall be included as part
of the off - street parking requirements. Plan to show location, size and number of all parking
spaces.
(g) Traffic plan within the development with ingress and egress from site including width of
roadway(s) and width of paved areas with construction details. Also include any sidewalks,
walkways, driveways and loading/unloading areas for deliveries.
(h) Statement of method of disposing of refuse and recyclables and location of any containers
including exterior storage facilities. All on -site refuse containers and garbage dumpsters shall
be located totally within a principal building or shall be enclosed.
(i) Location of well, septic, sign(s) and lighting.
(j) Proposed landscape plan including, but not limited to, shrubs, trees, fence, retaining walls and
berms.
(3) Additional items.
(a) Ownership /management. Statement of present and proposed ownership /management plans for
the project.
(b) Schedule. Development schedule identifying phases with anticipated beginning and completion
dates.
(c) Covenants. Proposed agreements or covenants for use, maintenance and ongoing preservation
of open space and the overall development.
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(d) Number of employees required and anticipated.
(4) Final development plan. Review of any revisions needed to the Cost Reimbursement and Security
Agreement shall be completed. In addition to any items required with the preliminary site and
development plans, the following shall be provided:
(a) Any items as required by the Plan Commission and Town Board.
(b) Exterior finish materials of all structures.
(c) Complete detailed architectural and engineering plans.
(d) An updated schedule if applicable.
(e) Upon Town approval of the final development plan, the developer shall cause the development
plan to be recorded with the St. Croix County Register of Deeds and shall submit written proof
of such recording to the Town.
(5) Revisions and/or changes to the planned unit development. Development shall be done in
accordance with the approved final plan and all supporting data. The final plan and supporting data
shall be binding on the applicants, their successors, grantees and assigns and shall limit and control
the use of the premises and location of structures within the planned unit development.
(a) Minor changes. The Plan Commission and Town Board may approve changes in nature that do
not change the concept or intent of the development without going through the preliminary plan
approval and hearing process.
(b) Major changes. Changes which alter the concept or intent of the planned unit development,
including but not limited to increases in the density, change in location and types of buildings,
changes to open space areas, changes to the traffic plan, changes to the drainage plan and
changes in covenants require a preliminary plan review, public hearing to amend the special
exception and a final plan review.
(c) Schedule. Any amendments to the construction schedule shall be submitted to the Town Clerk.
If any phase of the construction is or will be more than one year behind schedule, the developer
shall provide an updated schedule with an explanation for the Plan Commission and Town
Board to consider extension and shall require Town Board approval.
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