ORD20011079RE:
CITY OF MUSKEG0
W182 S8200 RACINE AVENUE, MUSKEGO, WI 53150
OFFICE OF THE CLERK-TREASURER
PHONE: 262-679-5625
FAX: 262-679-41 06
MEMORANDUM
TO: Mayor De Angelis
Aldermen
FROM: Jill Blenski, Deputy Clerk
DATE: September 4,2001
Proposed Amendments to Ord. - "" #1079_and Ord. #108.9. " .
Following first reading of Ord. #I079 and Ord. #1080, it was suggested that any
references to "Director of Planning" be changed to "Planning Director" and any
references to "Director of Building and Engineering" be changed to
"EngineeringlBuilding Inspection Director " Those proposed changes have been
made within the text of each ordinance. However, I have not placed a hard copy
of the "proposed amendment" in your Council binders. If you want to receive a
hard copy, please give Jean a call. If the Council approves, an amendment
would be needed at Tuesday's meeting (or whenever the ordinances would be
adopted).
cc: Brian
Sean
Clerk-Treasurer
AMENDED
ORDINANCE #I079
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 6.02 AND 9.03, AND TO
CREATE SECTION 9.12 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
RELATING TO PLANNED DEVELOPMENT DISTRICTS AND CONSERVATION
PLANNED DEVELOPMENT DISTRICTS
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1 Chapter 17, Sections 6.02 and 9.03 of the Municipal Code of the City of
Muskego, Wisconsin, is hereby amended and made a part of the Municipal Code as
adopted by Ordinance #I079 as amended,
SECTION 2: Chapter 17, Section 9.12 of the Municipal Code of the City of Muskego,
Wisconsin, is hereby created and made a part of the Municipal Code as adopted by
Ordinance #I079 as amended.
SECTION 3: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer and open to public inspection for not less than two weeks prior to the date of
this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of
the City.
SECTION 4: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 5: This ordinance is in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 1ITH DAY OF SEPTEMBER ,2001
CI OF MUSKEGO
David L. De Angelis, ayor
First Reading: 08/28/01
ATTEST. Published this day of
September , 2001
wJ< Ind
dk Treasurer
8IOljmb
0 AMENDED
COMMON COUNCIL - CITYOF MUSKEGO
ORDINANCE #lo79
AN ORDINANCE AMEND CHAPTER 17, SECTIONS 6.02 AND 9.03, AND TO
CREATE SECTION 9.12 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
RELATING TO PLANNED DEVELOPMENT DISTRICTS AND CONSERVATION
PLANNED DEVELOPMENT DISTRICTS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17, Section 6.02, of the Municipal Code of the City of Muskego is
hereby repealed and recreated as follows:
6.02 PLANNED DEVELOPMENT PROJECTS
(I) Permitted: the unified and planned development of a site, in single or corporate ownership
at the time of development, may be permitted in an OPD Planned Development Overlay
District or COPD Conservation Planned Development Overlay District, without the customary
division into individual lots, or without specific compliance to the district regulations as
applicable to individual lots, subject to the regulations as hereinafter provided in this Section
and in Section I7:9.03 or Section I7:9.12 of this Ordinance.
(2) Classifications: For the purpose of this Ordinance all Planned Development Projects shall
be classified as follows and be limited to parent parcels ofnot less than the size indicated: a
OPD COPD
Residential I 200,000 sq ft I 653,400
Commercial
nla 200,000 sq ft Mixed
nla No minimum Industrial
nla 200,000 sq ft -
I I I 1
(3) Application of Regulations:
A. OPD Planned Development Overlay Districts
1 Uses and Structures. In addition to the uses permitted in theunderlying district any
other use may be permitted as hereinafter designated in Section 17:9.03 consistent
with the criteria established in 17:6.02 (5) following.
Individual uses and structures in a Planned Development Project District need not
comply with the specific building location, height, building size, lot size, and open
space requirements of the underlying basic district provided that the spirit and intent
of such requirements are complied with in the total development plan for such project
Ordinance U 1079
consistent with the criteria as established in 17:6.02 (5) following, and subject to such
further requirements as are hereinafter specified under Section 17:9.03.
2. Applicable Underlying Zoning Districts. The OPD Planned Development Overlay
District may be applied to the following underlying zoning districts: RSI, RS-2, RS-
3, RSA, RSM, B-I, B-2, B-3, B-4,I-1 and 1-2.
3. Density and Parcel Size Bonuses. For specific project density computation, the
project area shall be measured to include all the land exclusive of existing public
right-of-way or public open space easement. The allowable maximum density shall
be computed separately for each existing basic district which applies to the project
area except for Wetland-Floodplain Districts. The density shall be computed by
multiplying the area in each such district by the percentage factor given in the
following table and then dividing the result by the number of square feet per family as
required by that district. The total allowable maximum density, not to exceed IO%,
may be permitted upon recommendation of the Plan Commission that the increased
density is justified in terms of the relationship to open areas, service demand, and the
total quality and character of the project. In no case, however, shall the provisions of
Section 17:6.02(5) be waived.
OPD DENSITY AND PARCEL SIZE BONUSES
Lot Width and Density in Density in
Underlying Area as % of Square Feet Per Square Feet Per
Zoning Underlying Dwelling* Dwelling*
District District
RS-1 100%
with sewer
30,000
without sewer
RS-2 90% 20,000
RS-3 80% I5,000 RSA loo% 10,000 -
RSM 100% 5,000 -
-
B- 1 100% 15,000 30,000
B-2 100% I0,OOO 20,000
B-3 100% 10,000 20,000
B-4 100% 10,000 20,000
1- 1 100% nla nla
1-2 100% nla nla
*Where an OED or OLS district overlays any of the basic districts in the project area, the
density figure for that portion lying within such an overlay shall be taken from the overlay
district regulations.
B. COPD Conservation Planned Development Overlay Districts
I, Uses and Structures. Individual uses and structures in a Planned Development
Project District need not comply with the specific building location, height, building
size, lot size, and open space requirements of the underlying basic district provided
2
Ordinance #I079
that the spirit and intent of such requirements are complied with in the total
development plan for such project consistent with the criteria as established in
17:6.02 (5) following, and subject to such hrther requirements as are hereinafter
specified under Section 17:9.12.
2. Applicable Underlying Zoning Districts. The COPD Conservation Planned
Development Overlay District may be applied to the following underlying zoning
districts: RCE, R-1, R-2, R-3, and RSE.
3. Density and Density Bonuses. The number of residential units for a COPD shall be
determined in accordance with the following:
a. The development yield analysis required by Section 18:3 1(3)(i) of the Land
Division Ordinance shall establish the base development density for the parcel.
b. The base development density may be increased if the development complies
with one or more of the following standards. Each standard provides a development
yield bonus of the greater of one (I) parcel or 5% of the base development yield:
i.Creating an endowment where the principal would generate sufficient annual
interest to cover the conservation easement holder’s yearly costs (taxes,
insurance, maintenance, enforcement, etc.).
ii.Providing for access by the general public to trails, parks, or other recreational
facilities, excluding golf courses.
iii.Reusing existing buildings and structures which incorporate rural or agrarian
themes, including but not limited to those sites inventoried by the State
Historical Society of Wisconsin.
Plan.
maintenance.
practices which exceed the minimum standards of Chapter 34 of the Municipal
Code, and as approved by the EngineeringIBuilding Inspection Director and the
Public Works Committee.
vii. Provides a minimum 75 foot setback and natural buffer from all environmental
features identitied in the adopted Conservation Plan.
viii. Enhances the functional classification of wetlands using techniques
approved by the Wisconsin Department of Natural Resources, the
EngineeringlBuilding Inspection Director, and the Public Works Committee.
iv.Preservation of Environmental features identified in the adopted Conservation
v.Restores native prairie and provides a management plan for perpetual
vi.1mproves water quality by through stormwater management standards and
For parcels less than eighty (80) acres in area, the maximum bonus permitted is the
greater of three (3) parcels or 15% of the base development density. For parcels eighty
(80) acres or greater in area, the maximum bonus permitted is the greater of four (4)
parcels or 20% of the base development density. All development yield bonuses shall
be calculated to the nearest one-hundredth. In cases where the total combined
3
Ordinance #I079
development yield bonus results in a fraction, all such fractions shall be rounded up to
the next whole number.
COPD DENSITY AND PARCEL SIZE BONUSES
Underlying
Zoning
District
RCE
R- 1
R-2
R-3
RSE
COPD
Maximum
Parcel
Area
60,000 sq A
40,000 sq A
30,000 sq A
20,000 sq A
20,000 sq A
COPD
Recommended
Maximum
Parcel Width
I50 A
125 ft
11oft
100 ft
100 A
Minimum Density in
Square Feet Per
Dwelling*
I20,OOO sq A
80,000 sq A
60,000 sq ft
40,000 sq fi
40,000 sq A
*Where an OED or OLS district overlays any of the basic districts in the project area, the
density figure for that portion lying within such an overlay shall be taken from the overlay
district regulations.
(4) Procedure
A. Petition: Petition may be made to the Common Council by the owner or agent of
property proposed for such development, to amend the zoning map by the overlaying of
an OPD or COPD District in order to permit the application of the provisions ofthis
section to such development. Such petition shall be accompanied by a fee, as from time
to time established by Resolution of the Common Council, and the following
information:
1. A statement describing the general character of intended development along with such
other pertinent information as may be necessary to a determination that the
contemplated arrangement or use makes it desirable to apply regulations and
requirements differing from those ordinarily applicable under this ordinance.
2. A general development plan of the project showing the intended use or uses of land, the
dimensions and location of proposed structures and of areas to be reserved for vehicular
and pedestrian circulation, parking, public uses such as schools, and playgrounds,
parks, landscaping, and other open spaces and architectural drawings and sketches
illustrating the design and character of the proposed uses and the physical relationship
of the use.
3. In the case of COPD, the general development plan shall be supplemented with a
Detailed Site Analysis as required by Section 18:31(3)(i) of the Land Division
Ordinance.
B. Referral to Plan Commission: Such petition shall be referred to the Plan Commission
and processed as any other petition for zoning change. Upon completion of necessary
study and investigation the Plan Commission shall make its recommendation to the
Common Council as to the appropriateness and desirability ofthe proposed zoning
change, the suitability of the building, site and development plans, and any additional
conditions which it may feel necessary or appropriate.
4
Ordmance U I079
C. Public Hearing: Upon receipt of the Plan Commission's recommendations the Common
Council shall cause a public hearing to he held pursuant to Section l7:3.07 of this
Ordinance.
D. Where a proposed development includes uses permitted only as conditional grants
pursuant to Section 17:9.03 (7)C. compliance with the procedural and general
requirements set forth as the basis for approval under this section shall supplant the
requirement for separate processing of a petition for conditional use grant pursuant to
Section 17:6.03.
E. At the time the OPD or COPD planned unit development is presented to the City Plan
Commission for final approval, the developer shall pay to the City the costs incurred by
the City for planning and engineering fees, including hut not limited to costs for
checking plans, field checking and consultations.
(5) Basis for Approval: The Plan Commission in making its recommendations and the
Common Council in making its determination shall give consideration and satisfy themselves
as to the following:
A. That the proponents of the proposed development have demonstrated that they intend to
start construction within a reasonable period following the approval of the project and
requested overlay of the OPD or COPD District, that the project appears economically
sound, that adequate financing is possible, and that the development will he carried out
according to a reasonable construction schedule satisfactory to the City.
B. That the proposed development is consistent in all respects to the spirit and intent of this
Ordinance, is in conformity with the general plans for community development, would
not be contrary to the general welfare and economic prosperity of the City or of the
immediate neighborhood, that the specific development plans have been prepared with
competent professional advice and guidance, and that the benefits and improved design
of the resultant development justifies the variation &om the normal requirements of this
Ordinance through the application of the OPD Planned Development Overlay District or
COPD Conservation Planned Development Overlay District..
C. In the case of proposed residential developments:
I, That such development will create an attractive residential environment of sustained
desirability and economic stability, compatible with the character established for the
area by the community Comprehensive Plan, and where the economic impact of the
development in terms of income levels, property values, and service demands is at least
as beneficial to the community as that which could be anticipated under the base
zoning.
2. The population composition of the development will not alter adversely the impact upon
school or other municipal service requirements as anticipated under the existing basic
zoning and Comprehensive Plan.
3. That the project will not create traffic or parking demand incompatible with that
anticipated under the Comprehensive Plan.
4. That the total average residential density of the project will be compatible with the
Comprehensive Plan, except as may bemodified by 17:6.02 (3)(A) or 17:6.02(3)(B).
5
Ordinance #I079
5. That the aggregate open space of the development will be no less, than would have
resulted from the application of open space requirements of the underlying districts.
6. That adequate guarantee is provided for permanent retention as "open space area" of the
residual open land area resulting from the application of these regulations, either by
private reservation for the use of the residents within the development or by dedication
to the public.
7. In the case of an OPD Planned Development District, private preservation of the open
space area shall be guaranteed and shall be protected against building and development
by conveying to the municipality as part of the conditions for project approval an open
space easement over such open areas restricting the area against any future building or
use except as is consistent with that of providing landscaped open space for the esthetic
and recreational benefit of the surrounding residences. Buildings or uses for non-
commercial recreational or cultural purposes compatible with the open-space objective
may be permitted only where specifically authorized as part of the project plan or
subsequently with the express approval of the Common Council following approval of
building, site and operational plans by the Plan Commission.
8. In the case of a COPD Conservation Planned Development District, preservation of the
open space area shall be guaranteed and shall be protected against building and
development by one of the methods identified in Section I8:82(5) of the Land Division
Ordinance.
9. The care and maintenance of such open space reservations shall be insured either by
establishment of appropriate management organization for the project or by
agreement with the municipality for establishment of a special service district for the
project area where the municipality shall provide the necessary maintenance service
and levy the cost thereof as special assessment on the tax bills ofproperties within the
project area. In any case the Common Council shall have the right to cany 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 Common Council. The manner of
assuring maintenance and assessing such cost to individual properties shall be
determined prior to the approval of the final project plans and shall be included in the
title to each property.
IO. Ownership and tax liability ofprivate open space reservation shall be established in a
manner acceptable to the municipality and made a part of the conditions of the plan
approval.
D. In the case of proposed OPD Planned Development Overlays for commercial
developments:
1, That the economic practicality of the proposed development can be justified on the basis
of purchasing potential, competitive relationship and demonstrated tenant interest.
2. That the proposed development will be adequately served by offstreet parking and
truck service facilities.
3. That the locations for entrances and exits have been designed to prevent unnecessary
interference with the safe and efficient movement of traffic on surrounding streets, and
6
e
Ordinance #IO79
that the development will not create an effect upon the general traffic pattern of the area
incompatible with that anticipated under the Comprehensive Plan.
4. 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 an effect upon the property values of the surrounding neighborhood
incompatible whit that anticipated under the Comprehensive Plan
E. In the case of OPD Planned Development Overlays for mixed use developments:
1, That the proposed mixture of uses produces a unified composite which is compatible
within itself and which as a total developmental entity is compatible with the
surrounding neighborhood and consistent with the general objectives of the
Comprehensive Plan.
2. That the various types ofuses conform to the general requirements as herein set forth,
applicable to projects of such use character.
3. The allowable maximum residential density shall be computed in the same manner as
provided for a residential development under 17:6.02 (3)(A)(3). This figure shall then
be reduced by the percentage which any non-residential use is of the total project area.
In determining the area of non-residential use, landscaped area, pedestrian malls, or
other areas which in the opinion of the Plan Commission contribute to the enhancement
of the total project environment may be excluded. The resulting allowable maximum
density may be increased by the addition of residential units located in the same
building with a non-residential use, on the basis of one dwelling unit for each 10,000
square feet of non-residential use area excluded from the normal density computation. 0 (6) Determination:
A. The Common Council after due consideration may deny the petition, approve the petition
as submitted or approve the petition subject to additional conditions.
B. The approval of a petition and consequent amending of the zoning map by overlay of the
OPD District or COPD District shall be based on and include as conditions thereto the
Building, Site and Operational (BSO) Plans for the development as well as all other
commitments offered or required with regard to project value, character or other factor
pertinent to assuring that the project will be developed basically as presented in the
official submittal plans as approved by the Common Council and shall be mapped and
recorded as provided for conditional uses under Section I7:6.03 of this Ordinance. Such
plans, however, need not necessarily be completely detailed at the time of Overlay
zoning provided they are of sufficient detail to satisfy the Plan Commission and
Common Council as to the general character, scope, and appearance of the proposed
development. Such preliminary plan shall at least designate the pattern of proposed
streets, the basic pattern of land use, the size and arrangement of lots, and illustrate a
"typical" example of the development proposed. The approval of such preliminary plan
shall be conditioned upon the subsequent submittal and approval ofmore specific and
detailed plans as the development progresses.
C. Any subsequent change or addition to the plans or use shall first be submitted for
approval to the Common Council and if in the opinion of the Common Council upon
recommendation of the Plan Commission such change or addition constitutes a
7
Ordinance #I079
e substantial alteration of the original plan, a public hearing before the Common Council
shall be required and notice thereof given pursuant to Section 17:3.07.
D. The provisions of Section 17:6.03 governing termination of the conditional grant shall
apply to such group project development.
E. Application for a Planned Development. In order to fulfill the requirements of the
Planned Development provisions, the City Planning Commission shall adopt an
"application for permit'' procedure along with required check lists, letters of intent,
necessary inspections, follow-ups, bonding requirements, and other legal assurances that
the provisions of planned development are carried out systematically and on a uniform
basis.
SECTION 2: Chapter 17, Section 9.03, of the Municipal Code of the City of Muskego is
hereby repealed and recreated as follows:
9.03 OPD PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT
This district is intended to allow for greater freedom, imagination, and flexibility in the
development of land while insuring substantial compliance to the intent of the normal district
regulations of this ordinance. To this intent it allows diversification and variation in the
relationship of uses, structures, open spaces, and heights of structures in developments
conceived, and planned as comprehensive and cohesive unified projects. It is further intended
to encourage more rational and economic development with relationship to public services, and
to encourage the preservation of open land.
BASlC REGULATIONS (See Section 5 for general enabling and qualifying language.)
e
Area
Width
* As reauired bv
(3) (6) (5) (4) Building Location Height Open Building Size
Space
Min.
rnulti
DIU DAJ floor
structure structure space Ratio area area area side offset Back
Max.Ht Max. Ht Min. Floor Min. Min. Min. All One
Set Accessory principal open Area floor floor floor other Side
offset per res per total 1st
** *** * * * * *
ection 17:6.02. ~ SI ~
** Along any boundary street no less than 50 feet, others established by Plan Commission.
*** Along any boundary line no less than in adjoining district, others established by Plan
Commission.
A. PERMITTED USES BY RIGHT
I. Any use as permitted in the underlying basic district but subject to the conditional
regulation as to the manner in which permitted as provided hereinafter and in
Section 17:6.02. (See Section 6.02)
9. PERMITTED ACCESSORY USES
8
0 1, Any accessory use permitted in the underlying basic district but subject to the
conditional regulation as to the manner in which permitted as provided hereinafter
and in Section 17:6.02. (See Section 6.02)
C. PERMITTED USES BY CONDITIONAL GRANT
1, Any conditional use permitted in the underlying basic district.
2. Any use permitted by right in any district.
3. Any accessory use permitted in any district.
SECTION 3: Chapter 17, Section 6.12, of the Municipal Code of the City of Muskego is
hereby created as follows:
9.12 COPD CONSERVATION PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT
This district is intended to allow for residential development in clusters and groupings in a
mal or semi-rural setting. To this intent it allows reduced parcel sizes while maintaining the
densities permitted by the Comprehensive Plan and underlying zoning, except where bonuses
may be granted in consideration of special conservation measures. It is further intended to
encourage more rational and economic development with relationship to public services, and to
encourage the preservation of open land.
BASIC REGULATIONS (See Section 5 for general enabling and qualifying language.) 0
* See Section 17:6.02(3)(B)(3)
** Along any boundary street no less than 50 feet, other setbacks established by Plan
Commission.
*** Along any boundary line no less than in adjoining district other offsets established by Plan
Commission.
****Per underlying zoning district unless othenvise modified by Plan Commission.
A. PERMITTED USES BY RIGHT
1 Any use as permitted in the underlying basic district.
B. PERMITTED ACCESSORY USES
1 Any accessory usepermitted in the underlying basic district
9
Ordinance U 1079
C. PERMITTED USES BY CONDITIONAL GRANT
1. Any conditional use permitted in the underlying basic district.
SECTION 4: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 1 lTH DAY OF SEPTEMBER ,2001
CITY OF MUSKEGO
Dam. De Angelis, Mayor
First Reading: 8/28/2001
Cover Ordinance Published: 9/27/2001
-
ATTEST:
10
STATE OF WISCONSIN)
Milwaukee County 1
Official Notice
) ss.
Suzanne Sobczyk being duly sworn, doth depose and
say that she is an authorized representative of The
MUSKEG0 SUN, a newspaper
published at hKJSKEG0,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein on
... .~ ,..., ,, .., .... _.. ..
. . . . . , . . . . . , . ., . , . . , . .
, . . . , , . . . . . . . , . , . . , . . , . .
~~ ~~~
Subscribed and sworn
Of. . , , . . . .
0.- ".q
Notary Public, Milwaukee County Wisconsin
My Commission expires. , .?.:13. -0.3
Jtif AN RDINANCE TO AMEND
CREATE SECTION 9.12 OF IPAL CODE OF THE CITY OF MUSKEG0
RELATING TO PLANNED DEV ENT DISTRICTS AND CONSERVATION
The Common Council
as follows:
SECTION 1 Chapter
Muskego, Wisconsin, ade a part of the Municipal Code as
adopted by Ordinance #1079.
SECTION 2: Chapter
Wisconsin, is hereby
Ordinance #1079.
SECTION 3: A copy
Treasurer and open t
this Ordinance and s
the City.
SECTION 4: The s
any section or portion thereof shall be declared by a decision court of competent
the specific section
validity of all other
remain in full forc
provisions of this o
SECTION 5: This
publication.
PASSED AND APPROVED THIS DAY OF
jurisdiction to
CITY OF MUSKEG0
David L. De Angelis, Mayor \
ATEST.
First Reading: 08/28/01
Published this - day of
,2001
9 Clerk Treasurer
8/0 1 jm b
COMMON COUNCIL - ClTYOF MUSKEGO
ORDINANCE #lo79
AN ORDINANCE TO AMEND CHAPTER 17, SECTIONS 6.02 AND 9.03, AND TO
CREATE SECTlON 9.12 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
RELATING TO PLANNED DEVELOPMENT DlSTRlCTS AND CONSERVATlON
PLANNED DEVELOPMENT DISTRICTS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17, Section 6.02, of the Municipal Code of the City of Muskego is
hereby repealed and recreated as follows:
6.02 PLANNED DEVELOPMENT PROJECTS
(I) Permitted: the unified and planned development of a site, in single or corporate ownership
at the time of development, may be permitted in an OPD Planned Development Overlay
District or COPD Conservation Planned Development Overlay District, without the customary
division into individual lots, or without specific compliance to the district regulations as
applicable to individual lots, subject to the regulations as hereinafter provided in this Section
and in Section 17:9.03 or Section 17:9.12 ofthis Ordinance.
(2) Classifications: For the purpose of this Ordinance all Planned Development Projects shall
be classified as follows and be limited to parent parcels of not less than the size indicated: 0
OPD COPD
Residential
n/a 200,000 sq ft Mixed
nia No minimum Industrial
nla 200,000 sq A Commercial
653,400 200,000 sq ft
(3) Application of Regulations:
A. OPD Planned Development Overlay Districts
1, Uses and Structures. In addition to the uses permitted in the underlying district any
other use may be permitted as hereinafter designated in Section 17:9.03 consistent
with the criteria established in 17:6.02 (5) following.
Individual uses and structures in a Planned Development Project District need not
comply with the specific building location, height, building size, lot size, and open
space requirements of the underlying basic district provided that the spirit and intent
of such requirements are complied with in the total development plan for such project
OrdinmnceP1079
I
I
consistent with the criteria as established in 17:6.02 (5) following, and subject to such
further requirements as are hereinafter specified under Section 17:9.03.
2. Applicable Underlying Zoning Districts. The OPD Planned Development Overlay
District may be applied to the following underlying zoning districts: RSI, RS-2, RS-
3, RSA, RSM, B-1, B-2, B-3, B-4,I-1 and 1-2.
3. Density and Parcel Size Bonuses. For specific project density computation, the
project area shall be measured to include all the land exclusive of existing public
right-of-way or public open space easement. The allowable maximum density shall
he computed separately for each existing basic district which applies to the project
area except for Wetland-Floodplain Districts. The density shall be computed by
multiplying the area in each such district by the percentage factor given in the
following table and then dividing the result by the number of square feet per family as
required by that district. The total allowable maximum density, not to exceed IO%,
may be permitted upon recommendation of the Plan Commission that the increased
density is justified in terms of the relationship to open areas, service demand, and the
total quality and character of the project. In no case, however, shall the provisions of
Section 17:6.02(5) be waived.
OPD DENSITY AND PARCEL SIZE BONUSES
Lot Width and Density in Density in
Underlying Area as % of Square Feet Per Square Feet Per
Zoning Underlying Dwelling* Dwelling*
District District with sewer without sewer
RS-I 100% 30,000
RS-2 90% 20,000
RSA 100% I0,OOO -
RSM 100% 5,000 -
RS-3 SOYO 15,000 -
B- I 100% 15,000 30,000 B-2 100% 10,000 20,000
B-3 100% 10,000 20,000
B-4 100% I0,OOO 20,000
I- I 100% da da
1-2 100% da nJa
*Where an OED or OLS district overlays any of the basic districts in the project area, the
density figure for that portion lying within such an overlay shall be taken from the overlay
district regulations.
B. COPD Conservation Planned Development Overlay Districts
I Uses and Structures. Individual uses and structures in a Planned Development
Project District need not comply with the specific building location, height, building
size, lot size, and open space requirements of the underlying basic district provided
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Ordinmce #IO79
that the spirit and intent of such requirements are complied with in the total
development plan for such project consistent with the criteria as established in
17:6.02 (5) following, and subject to such further requirements as are hereinafter
specified under Section I7:9.I2.
2. Applicable Underlying Zoning Districts. The COPD Conservation Planned
Development Overlay District may be applied to the following underlying zoning
districts: RCE, R-1, R-2, R-3, and RSE.
3. Density and Density Bonuses. The number of residential units for a COPD shall he
determined in accordance with the following:
a. The development yield analysis required by Section IS:31(3)(i) of the Land
Division Ordinance shall establish the base development density for the parcel.
b. The base development density may be increased if the development complies
with one or more of the following standards. Each standard provides a development
yield bonus ofm in addition to the base development yield:
i.Creating an endowment where the principal would generate sufficient annual
interest to cover the conservation easement holder’s yearly costs (taxes,
insurance, maintenance, enforcement, etc.).
ii.Providing for access by the general public to trails, parks, or other recreational
facilities, excluding golf courses.
iii.Reusing existing buildings and structures which incorporate rural or agrarian
themes, including but not limited to those sites inventoried by the State
Historical Society of Wisconsin.
Plan.
maintenance.
practices which exceed the minimum standards of Chapter 34 of the Municipal
Code, and as approved by the Director of Building and Engineering and the
Public Works Committee.
vii. Provides a minimum 75 foot setback and natural buffer from all environmental
features identified in the adopted Conservation Plan.
viii. Enhances the functional classification of wetlands using techniques
approved by the Wisconsin Department of Natural Resources, the Director of
Building and Engineering, and the Public Works Committee.
iv.Preservation of Environmental features identified in the adopted Conservation
v.Restores native prairie and provides a management plan for perpetual
vi.1mproves water quality by through stomwater management standards and
For parcels less than eighty (80) acres in area, the maximum bonus permitted ism.
For parcels eighty (SO) acres or greater in area, the maximum bonus permitted is [20%].
All development yield bonuses shall be calculated to the nearest one-hundreth. In cases
where the total combined development yield bonus results in a fraction, all such
fractions shall be rounded up to the next whole number.
COPD DENSITY AND PARCEL SIZE BONUSES
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OrdinonceU1079
Underlying
Zoning
District
RCE
R- I
R-2
R-3
RSE
COPD
Maximum
Parcel
Area
60,000 sq ft
40,000 sq ft
30,000 sq ft
20,000 sq ft
20,000 sq ft
COPD
Recommended
Maximum
Parcel Width
150 ft
125 A
llOA
100 ft
100 ft
Minimum Density in
Square Feet Per
Dwelling*
80,000 sq ft
60,000 sq ft
40,000 sq A
40,000 sq ft
I20,OOO sq ft
*Where an OED or OLS district overlays any of the basic districts in the project area, the
density figure for that portion lying within such an overlay shall be taken from the overlay
district regulations.
(4) Procedure
A. Petition: Petition may be made to the Common Council by the owner or agent of
property proposed for such development, to amend the zoning map by the overlaying of
an OPD or COPD District in order to permit the application of the provisions of this
section to such development. Such petition shall be accompanied by a fee, as from time
to time established by Resolution of the Common Council, and the following
information:
1. A statement describing the general character of intended development along with such
other pertinent information as may be necessary to a determination that the
contemplated arrangement or use makes it desirable to apply regulations and
requirements differing from those ordinarily applicable under this ordinance.
2. A general development plan of the project showing the intended use or uses of land, the
dimensions and location of proposed structures and of areas to be reserved for vehicular
and pedestrian circulation, parking, public uses such as schools, and playgrounds,
parks, landscaping, and other open spaces and architectural drawings and sketches
illustrating the design and character of the proposed uses and the physical relationship
of the use.
3. In the case of COPD, the general development plan shall be supplemented with a
Detailed Site Analysis as required by Section 18:31(3)(i) of the Land Division
Ordinance.
B. Referral to Plan Commission: Such petition shall be referred to the Plan Commission
and processed as any other petition for zoning change. Upon completion of necessary
study and investigation the Plan Commission shall make its recommendation to the
Common Council as to the appropriateness and desirability of the proposed zoning
change, the suitability of the building, site and development plans, and any additional
conditions which it may feel necessary or appropriate.
C. Public Hearing: Upon receipt of the Plan Commission's recommendations the Common
Council shall cause a public hearing to be held pursuant to Section I7:3.07 of this
Ordinance.
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Ordinoncetl1079
D. Where a proposed development includes uses permitted only as conditional grants
pursuant to Section I7:9.03 (7)C. compliance with the procedural and general
requirements set forth as the basis for approval under this section shall supplant the
requirement for separate processing of a petition for conditional use grant pursuant to
Section 17:6.03.
E. At the time the OPD OT COPD planned unit development is presented to the City Plan
Commission for final approval, the developer shall pay to the City the costs incurred by
the City for planning and engineering fees, including but not limited to costs for
checking plans, field checking and consultations.
(5) Basis for Approval: The Plan Commission in making its recommendations and the
Common Council in making its determination shall give consideration and satisfy themselves
as to the following:
A. That the proponents of the proposed development have demonstrated that they intend to
start construction within a reasonable period following the approval of the project and
requested overlay of the OPD or COPD District, that the project appears economically
sound, that adequate financing is possible, and that the development will be camed out
according to a reasonable construction schedule satisfactory to the City.
B. That the proposed development is consistent in all respects to the spirit and intent of this
Ordinance, is in conformity with the general plans for community development, would
not be contrary to the general welfare and economic prosperity of the City or of the
immediate neighborhood, that the specific development plans have been prepared with
competent professional advice and guidance, and that the benefits and improved design
of the resultant development justifies the variation from the normal requirements of this
Ordinance through the application of the OPD Planned Development Overlay District or
COPD Conservation Planned Development Overlay Distirct.
C. In the case of proposed residential developments:
I, That such development will create an attractive residential environment of sustained
desirability and economic stability, compatible with the character established for the
area by the community Comprehensive Plan, and where the economic impact of the
development in terms of income levels, property values, and service demands is at least
as beneficial to the community as that which could be anticipated under the base
zoning.
2. The population composition of the development will not alter adversely the impact upon
school or other municipal service requirements as anticipated under the existing basic
zoning and Comprehensive Plan.
3. That the project will not create traffic or parking demand incompatible with that
anticipated under the Comprehensive Plan.
4. That the total average residential density of the project will be compatible with the
Comprehensive Plan, except as may be modified by I7:6.02 (3)(A) or 17:6.02(3)(B).
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Ordinance U 1079
5. That the aggregate open space of the development will be no less, than would have
resulted from the application of open space requirements of the underlying districts
6. That adequate guarantee is provided for permanent retention as "open space area" of
the residual open land area resulting from the application of these regulations, either by
private reservation for the use of the residents within the development or by dedication
to the public.
7 In the case of an OPD Planned Development District, private preservation of the open
space area shall be guaranteed and shall be protected against building and development
by conveying to the municipality as part of the conditions for project approval an open
space easement over such open areas restricting the area against any future building or
use except as is consistent with that of providing landscaped open space for the esthetic
and recreational benefit of the surrounding residences. Buildings or uses for non-
commercial recreational or cultural purposes compatible with the open-space objective
may be permitted only where specifically authorized as part of the project plan or
subsequently with the express approval of the Common Council following approval of
building, site and operational plans by the Plan Commission.
8. In the case of a COPD Conservation Planned Development District, preservation of the
open space area shall be guaranteed and shall be protected against building and
development by one of the methods identified in Section 18:82(5) of the Land Division
Ordinance.
9. The care and maintenance of such open space reservations shall be insured either by
establishment of appropriate management organization for the project or by
agreement with the municipality for establishment of a special service district for the
project area where the municipality shall provide the necessary maintenance service
and levy the cost thereof as special assessment on the tax bills of properties within the
project area. In any case the Common Council 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 Common Council. The manner of
assuring maintenance and assessing such cost to individual properties shall be
determined prior to the approval of the final project plans and shall be included in the
title to each property.
10. Ownership and tax liability ofprivate open space reservation shall be established in a
manner acceptable to the municipality and made a part of the conditions of the plan
approval.
D. In the case of proposed OPD Planned Development Overlays for commercial
developments:
I That the economic practicality of the proposed development can be justified on the basis
ofpurchasing potential, competitive relationship and demonstrated tenant interest.
2. That the proposed development will be adequately served by off-street parking and
truck service facilities.
3. That the locations for entrances and exits have been designed to prevent unnecessary
interference with the safe and efficient movement of traffic on surrounding streets, and
6
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OrdmnceU1079
that the development will not create an effect upon the general traffic pattern of the area
incompatible with that anticipated under the Comprehensive Plan.
4. 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 an effect upon the property values of the surrounding neighborhood
incompatible whit that anticipated under the Comprehensive Plan
E. In the case of OPD Planned Development Overlays for mixed use developments:
I That the proposed mixture ofuses produces a unified composite which is compatible
within itself and which as a total developmental entity is compatible with the
surrounding neighborhood and consistent with the general objectives of the
Comprehensive Plan.
2. That the various types of uses conform to the general requirements as herein set forth,
applicable to projects of such use character.
3. The allowable maximum residential density shall be computed in the same manner as
provided for a residential development under 17:6.02 (3)(A)(3). This figure shall then
be reduced by the percentage which any non-residential use is of the total project area.
In determining the area of non-residential use, landscaped area, pedestrian malls, or
other areas which in the opinion of the Plan Commission contribute to the enhancement
of the total project environment may be excluded. The resulting allowable maximum
density may be increased by the addition ofresidential units located in the same
building with a non-residential use, on the basis ofone dwelling unit for each 10,000
square feet of non-residential use area excluded from the normal density computation. a (6) Determination:
A. The Common Council after due consideration may deny the petition, approve the petition
as submitted or approve the petition subject to additional conditions.
B. The approval of a petition and consequent amending of the zoning map by overlay ofthe
OPD District or COPD District shall be based on and include as conditions thereto the
Building, Site and Operational (BSO) Plans for the development as well as all other
commitments offered or required with regard to project value, character or other factor
pertinent to assuring that the project will be developed basically as presented in the
official submittal plans as approved by the Common Council and shall be mapped and
recorded as provided for conditional uses under Section 17:6.03 of this Ordinance. Such
plans, however, need not necessarily be completely detailed at the time of Overlay
zoning provided they are of sufficient detail to satisfy the Plan Commission and
Common Council as to the general character, scope, and appearance of the proposed
development. Such preliminary plan shall at least designate the pattern of proposed
streets, the basic pattern of land use, the size and arrangement of lots, and illustrate a
"typical" example of the development proposed. The approval of such preliminary plan
shall be conditioned upon the subsequent submittal and approval of more specific and
detailed plans as the development progresses.
C. Any subsequent change or addition to the plans or use shall first be submitted for
approval to the Common Council and if in the opinion of the Common Council upon
recommendation of the Plan Commission such change or addition constitutes a
Ordinance #IO79
substantial alteration of the original plan, a public hearing before the Common Council
shall be required and notice thereof given pursuant to Section 17:3.07.
D. The pTovisions of Section 17:6.03 governing termination of the conditional grant shall
E. Application for a Planned Development. In order to fulfill the requirements of the
Planned Development provisions, the City Planning Commission shall adopt an
"application for permit" procedure along with required check lists, letters of intent,
necessary inspections, follow-ups, bonding requirements, and other legal assurances that
the provisions of planned development are camed out systematically and on a uniform
basis.
apply to such group project development.
SECTION 2: Chapter 17, Section 9.03, of the Municipal Code of the City of Muskego is
hereby repealed and recreated as follows:
9.03 OPD PLANNED DEVELOPMENT DISTRICT
STATEMENT OF INTENT
This district is intended to allow for greater freedom, imagination, and flexibility in the
development of land while insuring substantial compliance to the intent of the normal district
regulations of this ordinance. To this intent it allows diversification and variation in the
relationship of uses, structures, open spaces, and heights of structures in developments
conceived, and planned as comprehensive and cohesive unified projects. It is further intended
to encourage more rational and economic development with relationship to public services, and
to encourage the preservation of open land.
BASIC REGULATIONS (See Section 5 for general enabling and qualifying lmguage.)
* As required by Section 17:6.02.
** Along any boundary street no less than 50 feet, others established by Plan Commission.
*** Along any boundary line no less than in adjoining district, others established by Plan
Commission.
A. PERMITTED USES BY RIGHT
1 Any use as permitted in the underlying basic district but subject to the conditional
regulation as to the manner in which permitted as provided hereinafter and in
Section 17:6.02. (See Section 6.02)
B. PERMITTED ACCESSORY USES
8
Ordinanceill079
1, Any accessory use permitted in the underlying basic district but subject to the
conditional regulation as to the manner in which permitted as provided hereinafter
and in Section 17:6.02. (See Section 6.02)
C. PERMITTED USES BY CONDITIONAL GRANT
I, Any conditional use permitted in the underlying basic district.
2. Any use permitted by right in any district.
3. Any accessory usepermitted in any district.
SECTION 3: Chapter 17, Section 9.12, of the Municipal Code ofthe City of Muskego is
hereby created as follows:
9.12 COPD CONSERVATION PLANNED DEVELOPMENT DISTRICT
STATEMENT OF lNTENT
This district is intended to allow for residential development in clusters and groupings in a
rural or semi-rural setting. To this intent it allows reduced parcel sizes while maintaining the
densities permitted by the Comprehensive Plan and underlying zoning, except where bonuses
may be granted in consideration of special conservation measures. It is hrther intended to
encourage more rational and economic development with relationship to public services, and to
encourage the preservation of open land.
BASIC REGULATIONS (See Section 5 for general enabling and qualifying language.)
(1) (4) (3) (2) Lot Size Building Location Density
(5)
Building Size
(6)
Open Height
Space
Min. Lot
structure structure space Ratio area area area side offset Back
Accessory principal open Area floor floor floor other Side Set Per DIU Avg. Area
Max.Ht Max.Ht Min. Floor Min. Min. Min. All One Min. Lot Area Min.
offset 1st total per
floor
multi
DIU
Lot
Width per res
DIU
* ***I **** * **I* da L*S* *I** *** *I * *
* See Section 17:6.02(3)(B)(3)
** Along any boundary street no less than 50 feet, other setbacks established by Plan
Commission.
*** Along any boundary line no less than in adjoining district other offsets established by Plan
Commission.
****Per underlying zoning district unless otherwise modified by Plan Commission.
A. PERMITTED USES BY RIGHT
1 Any use as permitted in the underlying basic district,
B. PERMITTED ACCESSORY USES
1 Any accessory use permitted in the underlying basic district
9
C. PERMlTTED USES BY CONDITIONAL GRANT
I. Any conditional use permitted in the underlying basic district.
SECTION 4: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or
portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS DAY OF ,2001
CITY OF MUSKEG0
David L. De Angelis, Mayor
First Reading:
Cover Ordinance Published:
ATTEST.
Clerk-Treasurer
10