ORD200110870
AMENDED
ORDINANCE #lo87
AN ORDINANCE TO CREATE CHAPTER 39
AND AMEND CHAPTER 17, SECTION 9.03,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
(Traditional Neighborhood Development)
COMMON COUNCIL - CITY OF MUSKEG0
The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain
as follows:
SECTION 1 Chapter 39, 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 #1087,
as amended.
SECTION 2: Chapter 17, Section 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 #1087, 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provisions of this ordinance are hereby repealed as to those terms that conflict.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 1 DAY OF DECEMBER ,2001
AlTEST.
David L. De Angelis, Mayor
First Reading: 11/27/2001
Published this 20TH day of
December , 2001
ark Treasurer
ll/Oljmb
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #lo87
AN ORDINANCE TO CREATE CHAPTER 39 AND AMEND CHAPTER 17, SECTION 9.03,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Traditional Neighborhood Development)
THE COMMON COUNCIL OF THE ClTY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 39 of the Municipal Code of the City of Muskego is hereby created to read
as follows:
Ord. #lo87
Section 1 General Provisions
Page 2
- 1.01
- 1.04
This Chapter is adopted pursuant to the authority contained in sections 62.23 and 66.1027 of the
Statutory Authorization.
Wisconsin Statutes.
Purpose.
The purpose of this Chapter is to allow the optional development and redevelopment of land in the
City of Muskego consistent with the design principles of traditional neighborhoods. A traditional
neighborhood:
Is compact;
Is designed for the human scale:
Provides a mix of uses, including residential, commercial, civic, and open space uses in close
proximity to one another within the neighborhood;
Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and
incomes;
transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the
Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways, and
connections of those streets to existing and future developments;
Retains existing buildings with historical features or architectural features that enhance the visual
character of the community;
Incorporates significant environmental features into the design;
Is consistent with the City’s adopted Comprehensive Plan.
Applicability.
The Traditional Neighborhood Development Chapter is an alternative set of standards for
development within the City for new developments of at least four (4) acres in total area, under the
auspices of the OPD Planned Development Overlay District.
Fees.
The Common Council may, by resolution, establish fees from time to time for the administration of
this Chapter,
Ord. #I087 Page 3
Section 2. Definitions
0- 2.01 General Interpretation
The following definitions shall be observed and applied, except when the context clearly indicates
otherwise. Words used in the present tense shall include the future tense. Words used in the
singular form shall include the plural form. Words used in the plural form shall include the singular,
The word "shall" is mandatory and the word "may" is permissive.
- 2.02 Specific Words and Phrases. When used in this Chapter, the following words and phrases shall have the specific meanings as
hereinafter defined:
Acre, Gross -The total area of a parcel of land. One acre equals 43,560 square feet
Acre, Net - A measure of developable land area after excluding dedicated rights-of-way, waterways,
and wetlands.
ADT - average daily traffic volumes of vehicles on a street.
Affordable housing - housing in which mortgage, amortization, taxes, insurance, and condominium
and association fees, if any, constitute no more than 28-percent (28%) of gross household income for
a household of the size which may occupy the unit. In the case of dwelling units for rent, housing that
is affordable means housing for which the rent and utilities constitute no more than 30-percent (30%)
of gross annual household income for a household of the size that may occupy the unit.
Alley - a public or private way permanently reserved as a secondary means of access lo abutting
property.
Block - a unit of land bounded by streets or by a combination of streets and public land, railroad
rights-of-way, waterways. or any other barrier to he continuity of development.
Building. Accessory - A building or portion of a building used for a purpose customarily incident to
the permitted principal use of the lot or to a principal building and located on the same lot as the
principal use.
such lot by the regulations of the district in which it is located.
Building, Principal -The building on a lot in which is conducted the principal use as permitted on
Building Height - The vertical distance from a point on grade to the highest point measured. The
method of calculating building height is found in Section 17:5.03(3).
width of street, open space, and mass of surrounding buildings. Mass is determined by the three-
Building Scale - the relationship between the mass of a building and its surroundings, including the
dimensional bulk of a structure: height, width, and depth.
Common Open Space - squares, greens, neighborhood parks, City parks, and linear environmental
corridors owned and maintained by the City.
Curb Radius -the curved edge of streets at an intersection measured at the outer edge of the street
curb or of the parking lane.
Lot - A single parcel of contiguous land occupied or intended to be occupied by such structures and
uses as permitted under this ordinance together with the open spaces required by this ordinance, and
abutting on a public street or officially approved way.
Lot Line - the property lines bounding the lot.
Lot Width - the horizontal distance between side lot lines measured at the front setback.
Ord. #I087 Page 4
Queuing - the use of one travel lane on local streets with parking (usually an intermittent parking
pattern) on both sides.
Secondary Dwelling Unit -An additional dwelling unit located within the principal dwelling on the lot,
in a freestanding building or above a residential garage.
Setback - The shortest horizontal distance any structure and the base setback line.
Story - a space in a building between the surface of any floor and the surface of the next floor above,
or if there is no such floor above, then the space between such floor and the ceiling or roof above.
Street - A public or private right of way usually affording primary access to abutting property
Street, Collector - The highest order of residential street (See Street Hierarchy). Conducts and
distributes traffic between lower-order streets and higher-order streets (arterials and expressways),
Since its function is to promote free traffic flow, access to homes and parking should be prohibited.
Collectors should be designed to prevent use as shortcuts by non-neighborhood traffic. Total traffic
volume should not exceed 3,000 ADT
Street, Hierarchy - The conceptual arrangement of streets based upon function. A hierarchal
approach to street design classifies streets according lo function, from high-traffic arterial roads down
to streets whose function is residential access. Systematizing street design into a road hierarchy
promotes safety, efficient land use, and residential quality.
and that collects and distributes traffic to and from minor arterials.
Street, Major Arterial - A street with access control, channelized intersections, restricted parking,
Traditional Neighborhood - a compact, mixed-use neighborhood where residential, commercial and
civic buildings are within close proximity to each other.
Ord. #I087 Page 5
Section 3. Application Procedure and Approval Process
Application Procedure.
Prior to the issuance of any permits for development within a Traditional Neighborhood Development,
the following steps shall be completed according to the procedures outlined in this Chapter:
The applicant shall have had an initial conference;
A General Implementation Plan and a zoning map amendment to a Traditional Neighborhood
Development District shall be approved by the Common Council pursuant to the standards and
A Specific Implementation Plan shall be approved by the Common Council.
procedures of the OPD - Planned Development Overlay District of Chapter 17, m;
Initial Conference.
Before submitting an application for a Traditional Neighborhood Development project, the applicant
for approval of a Traditional Neighborhood Development project, including submittal requirements and
shall schedule an appointment and meet with the Planning Department Staff to discuss the procedure
design standards.
General Implementation Plan
Process. Following the initial conference, the applicant shall submit a general implementation plan to
the Planning Department together with an application for a zoning map amendment to an OPD -
Planned Development Overlay District.
(a) Per Section 17:3.07 of the Zoning Code, the Planning Staff shall schedule a public hearing
before the Common Council to consider the zoning map amendment request and to consider
a recommendation for approval or disapproval of a general implementation plan. At the next
from the Planning staff recommending approval, disapproval or approval with specified
regularly scheduled Plan Commission meeting, the Plan Commission shall receive a report
shall recommend to the Common Council to either:
modifications. Upon completion of necessary study and investigation, the Plan Commission
1. Approve the General Implementation Plan and OPD zoning map amendment,
2. Approve the General Implementation Pian and OPD zoning map amendment with
3. Deny :he General Implementation Plan and OPD zoning map amendment.
modifications, or
(b) The Common Council shall receive the recommendation from the Plan Commission and a
report from the Planner or municipal staff. Upon due consideration, the Common Council
shall either:
1, Approve the General Implementation Plan and zoning map amendment,
2. Approve the General Implementation Plan and zoning map amendment with
3. Deny the General Implementation Plan and zoning map amendment.
modifications, or
General ImDlementation Plan Submittal Reauirements. The purpose of the general
implementation plan is to establish the intent, density, and intensityfor a proposed development. The
General Implementation Plan shall include the following:
(a) A general location map of suitable scale, but no less than one inch = 200 feet, which shows
the location of the property within the community and adjacent parcels including locations of
any public streets, railroads, major streams or rivers and other major features within 1000
(b) A site inventory and analysis to identify site assets or resources, and constraints, including
feet of the site.
but not limited to floodplains, wetlands and soils classified as "poorly drained or "very poorly
tension electrical transmission lines (>69KV). steep slopes greater than 12%, and
drained." soils with bedrock at or within 42 inches of the surface, utility easements for high-
brownfields.
Page 6
A conceptual site plan, at a scale of no less than one inch = 100 feet, which indicates
topography in two foot contours for sites with 15 feet or more of local relief, or one foot
contours for local sites with less than 15 feet of local relief, consisting of a map with proposed
features and existing site features and uses that will remain. These features should include
building outlines, location of streets, transit stops, drives and parking areas, pedestrian and
bicycle paths, service access areas for receiving material and trash removal, and other
impervious surfaces. The location of proposed and existing to remain trees and shrubs
should also be included, along with any other significant features.
A conceptual storm water management plan identifying the proposed patterns of major
stormwater runoff, locations of stormwater infiltration areas, and other significant stormwater
best management practices.
Identification of the architectural style(s) of the Traditional Neighborhood Development and
the accompanying site design style(s). The design style of the Traditional Neighborhood
Development shall be conveyed with drawings or computer simulations of typical proposed
A written report that provides general information about the covenants, conservation
building elevations (including dimensions of building height and width, and facade treatment).
development. The report shall also describe the site conditions and the development
easements, or agreements that will influence the use and maintenance of the proposed
objectives.
Any other information deemed necessary by the Plan Commission, Common Council, or
Planning Director in order to evaluate plans.
Fifteen (15) copies of the above information shall be submitted plus one (1) reduced set no
larger than 11 inches by 17-inches.
Digital Map Required. A digital ‘.DXF file, ‘.DGN file, or ‘.DWG file of the certified survey
map be submitted to the City prior lo City signatures being placed upon the CSM (3-1/2”
diskette or CD ROM) and all informalion transmitled on the diskette or CD ROM shall be tied
to and referenced to State Plane Coordinates NGVD 1929 or others approved by the
EngineeringIBuilding Inspection Director,
Specific Implementation Plan.
The Specific Implementation Plan can be proposed, reviewed, and acted upon as whole or in part or
The purpose of the Specific Implementation Plan is to establish a detailed development proposal.
phases.
Specific Implementation Plan Process.
Following approval of the General Implementation Plan, the applicant shall submit a Specific
Implementation Plan to the Planning Department.
(a) Within 30-days following receipt of the Specific Implementation Plan, the Plan Commission
shall receive a report from the Planning Staff recommending approval, disapproval or
approval with specified modifications. The Plan Commission shall determine that the
proposed Specific Implementation Plan is in substantial conformance with the approved
General Implementation Plan. Upon due consideration, the Plan Commission shall
recommend that the Common Council eilher:
Ord. #I087 Page 7
1, Approve the Specific Implementation Plan as being in substanlial conformance with
2. Approve the Specific Implementation Plan as being in subslantial conformance with
the General Implementation Plan;
the General Implementation Plan with specified modifications; or
3. Deny the Specific Implementation Plan.
(b) Following Plan Commission recommendation, the Common Council shall receive the
staff. Upon due consideration, the Common Council shall either:
recommendation from the Plan Commission and the report from the planner or municipal
1, Approve the Specific Implementation Plan as being in substantial conformance with
the General Implementation Plan;
the General Implementation Plan with specified modifications; or
2. Approve the Specific Implementation Plan as being in substantial conformancewith
3. Deny the Specific Implementation Plan.
(2) Specific Implementation Plan Submittal Reauirements.
The applicant shall submit a series of plans, maps, and written materials which include the following
information:
(a) A general location map of suitable scale which shows the boundaries and dimensions of the
property within the context of the City and adjacent parcels, including locations of any public
streets, railroads, major streams or rivers and other major features within 1000 feet of the
site, along with a legal descriplion of the property.
(b) A site inventory and analysis to identify site assets or resources, and constraints, including
but not limited to floodplains, wetlands and soils classified as "poorly drained or "very poorly
drained," soils with bedrock at or within 42 inches of the surface, utility easements for high-
tension electrical transmission lines (>69KV). slopes greater lhanl2%, and brownfields.
(c) A site plan, including proposed topographic contours at one foot intervals, with the following
information:
1, The location of proposed structures and existing structures that will remain, with
height and gross floor area noted;
2. The location of street and pedestrian lighting, including lamp intensity and height;
3.
4.
The location of proposed open space;
The circulation system indicating pedestrian, bicycle, and motor vehicle movement
stops; easements or other reservations of land on the site; the location and
systems, including existing and proposed public streets or right-of-ways; transit
dimensions of existing and proposed curb cuts, off-street parking and loading
spaces, include service access for receiving and trash removal; sidewalks and other
5.
walkways;
Location of all trees, shrubs, and ground cover (proposed or existing) to remain on
the site.
(d) A storm water management plan for the site as outlined in Chapter 34. Storm Water
Manaaement Code.
(e) Building Site and Operational Plan as required by Section 17:6.11 including, detailed
elevations of all proposed commercial buildings and typical elevations of residential buildings.
Scaled elevations should identify all signs, building materials and percenlage ofground floor
commercial facade in windows; the location, height and material for screening walls and
fences, including outdoor trash storage areas, electrical. mechanical and gas metering
equipment, storage areas for trash and recyclable materials, and rooftop equipment.
(f) Ulilities plan showing underground and above ground lines and structures for sanitary
sewers, electricity, gas, telecommunications. etc.
(9) A written report that completely describes the proposal and indicates covenants or
report also shall describe the analysis of site conditions and the development objectives.
agreements that will influence the use and maintenance of the proposed development. The
(h) Phasing plans, where applicable.
Ord. #I087 Page 8
(i) Any other information deemed necessary by the Common Council in order to evaluate plans. (j) Fifteen (15) copies of the above information shall be submitted, plus one (1) reduced set no
0 larger than 11-inches by 17-inches.
- 3.05 Amendments to the Specific Implementation Plan.
Minor changes to the Specific Implementation Plan adopted by the Common Council may be
- 3.06
- 3.07
approved by the Planning Department, provided that the changes do not involve:
Increases or decreases of less than five percent (5%) in floor area of structures or number of dwelling
units.
Change in exterior building material or color,
Alteration of any conditions attached or modification to the Specific Implementation Plan made by the
Common Council.
A major change to a Specific Implementation Plan that is less restrictive than any conditions of
approval for the initial Specific Implementation Plan, and shall require approval by a majority vote of
all members of the Common Council.
Subdivision of Land.
IF the Traditional Neighborhood Development involves the subdivision of land as defined in Chapter
accordance with the requirements of Chapter 18 of the Municipal Code and Chapter 236 of the
18, Land Division Ordinance, the applicant shall submit all required land division documents in
Wisconsin Statutes. If there is a conflict between the design standards of Chapter 18, Land Division
Ordinance and the design guidelines of this Chapter, the provisions of this Chapter shall apply.
Ownership and Maintenance of Open Space.
Provision shall be made for the ownership and maintenance of streets, squares. parks, open space,
and other public spaces in a Traditional Neighborhood Development by dedication to the City.
The following documents need to be filed by the applicant in the County Register of Deeds Ofke
Recording of Documents.
within 30 days after approval of the document by the Common Council:
A certified copy of the zoning ordinance amendment designating a tract of land as an OPD - Planned
Development Overlay District;
The general implementation plan; and
The specific implementation plan.
Ord. #I087 Page 9
Section 4. Traditional Neighborhood Development Design Standards
e- 4.01 Neighborhood Uses.
land uses. A traditional neighborhood development should consist of a mix of residential uses, a
In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix
mixed use area, and open space as provided below:
(1) A mix of residential uses of the following types can occur anywhere in the traditional neighborhood
development. For infill development, the mix of residential uses may be satisfied by existing
residential uses adjacent to the Traditional Neighborhood Development.
(a) Single-family detached dwellings;
(b) Single-family attached dwellings, including duplexes, townhouses. row houses;
(c) Multifamily dwellings, including senior housing;
(d) Secondary dwelling units, such as Mother-In-Law Units as allowed by Section 17:8.01(7)B.12.
(e) "Special needs" housing, such as community living arrangements and assisted living
or Guest Houses allowed by Section 17. 01(7)C.12..
facilities.
(2) Mixed use area, of commercial, residential, civic or institutional, and open space uses as identified
below. All residents should be within approximately 1/4 mile or a 5-minute walk from existing or
proposed commercial, civic, and open space areas. Individual businesses should not exceed 6000
square feet in size.
(a) Commercial uses
1 Food services (neighborhood grocery stores; butcher shops; bakeries; reslaurants,
2.
not including drive-thrus; cafes; coffee shops; neighborhood bars or pubs);
studios and shops of artists and artisans);
Retail uses (florists or nurseries; hardware stores; stationery stores; book stores;
3. Services (day care centers; music, dance or exercise studios; offices, including
4. Accommodations (bed and breakfast establishments, small hotels or inns).
professional and medical offices; barber; hair salon; dry cleaning);
Ord. #I087 Page IO
Figure 1. Plan-view conceptual diagrams of neighborhood commercial "service areas" (hexagons). Each
distance of the neighborhood=s edge. Clusters of neighborhoods (larger hexagon) can support more
hexagon represents a neighborhood with a mixed-use center (dot) that is within a five-minute walking
extensive commercial development than individual neighborhoods. The appropriate amount of commercial
uses within a tradilional neighborhood development depends on the location. or community context, ofthe new
development (darker shaded hexagon).
(b) Residential uses
1,
2.
Single-family attached dwellings, including duplexes, townhouses, row houses;
3.
Multifamily dwellings, including senior housing;
storefronts;
Residential units located on upper floors above commercial uses or to the rear of
4. "Live/work" units that combine a residence and the resident's workplace;
5. "Special needs" housing, such as community living arrangements and assisted living
facilities.
(c) Civic or institutional uses,
1. Municipal offices, fire stations, libraries, museums, community meetingfacilities, and
2.
post offices;
3.
Transit shelters;
4.
Places of worship;
Educational facilities.
(d) Open space uses.
2. Neighborhood park;
1, Central square;
3. Playground.
Ord. #I087 Page 1 I
(3) Open space uses identified below should be incorporated in the traditional neighborhood
development as appropriate. Large outdoor recreation areas should be located at the periphery of
neighborhoods rather than central locations.
(a) Environmental corridors;
(c) Community parks;
(b) Protected natural areas;
(d) Streams. ponds, and other water bodies;
(e) Stormwater detentionhetention facilities.
Figure 3. Plan-view diagram illustrating the importance of conlext in planning public open space. Large,
contiguous open spaces are community-wide resources with environmental, aesthetic, recreational, and
educational benefits. Smaller parks and open spaces (asterisk) should be located in neighborhoods
(hexagons) that are not within easy walking distance of community parks and open space.
4.02 Development Units.
The number of residential dwelling units and the amount of nonresidential development (excluding
open spaces) shall be determined as follows:
(1) In areas devoted to mixed residential uses:
units per net acre;
(a) The number of single-family attached and detached units permitted shall be 5 - 82 dwelling
(b) The number of multi-family units shall be 8 -12 dwelling units per net acre.
(c) Secondary dwelling units shall be permissible in addition to the number of dwelling units
authorized under this section. However, the total number of secondary dwelling units shall
not be more than 10-percent (10%) of the total number of single-family attached and
detached units.
Ord. #I087 Page 12
(d) For each affordable housing unit provided under this section, one additional dwelling unit
shall be permitted, up to a maximum 15-percent (15%) increase in dwelling units.
(2) In mixed use areas:
(a) The number of single-family and multi-family dwelling units permitted shall be calculated the
same as above plus an additional number of units not to exceed 10-percent (10%) of the
(b) All dwelling units constructed above commercial uses shall be permissible in addition to the
amount permilted above.
number of dwelling units authorized under this section. However, the total number of dwelling
units shall not be increased by more than 10 dwelling units or 10-percent (lo%), whichever is
(c) The total ground floor area of nonresidential development uses, including off-street parking
greater,
areas, shall not exceed 25-percent (25%) of the traditional neighborhood development.
- 4.03 Open Space. At least 20-percent of the gross acreage of the Traditional Neighborhood Development must be open
space. Open space may include undevelopable areas such as steep slopes and wetlands. and
stormwater detention and retention basins. Ninety-percent (90%) of the lots within the areas devoled
to mixed residential uses shall be within a ‘h mile or a 5 minute walk from common open space.
4.04 Storm Water Management.
The design and development of the traditional neighborhood development should minimize off -site
surface water Natural topography and existing land cover should be maintainedlprotected lo the
stormwater runoff, promote on-site filtration, and minimize the discharge of pollutanls to ground and
outlined in Chapter 34, Storm Water Manaqement of the Municipal Code.
maximum extent practicable. New development and redevelopment shall meet the requirements as
- 4.05 Lot and Block Standards.
(1) Block and lot size diversity.
Street layouts should provide for perimeler blocks that are generally in the range of 200 - 400 feet
deep by 400 - 800 feet long. A variety of lot sizes should be provided to facilitate housing diversity
and choice and meet the projected requirements of people with different housing needs.
Ord. #lo87 Page 13
Figure 4. Plan-view diagram of a street grid showing a diversity of lot (parcel) sizes.
(2) Lot Widths. Lot widths should create a relatively symmetrical street cross section that reinforces the
public space of the street as a simple, unified public space.
(3) Building Setback, Front - Mixed Use Area. Structures in the mixed-use area have no minimum
area.
setback. Commercial and civic or institutional buildings should abut the sidewalks in the mixed-use
E====l """"""
0
Figure 5. Plan-view diagrams showing two alternatives for building setbacks from the street right-of-way in
mixed-use areas. Relatively uniform setbacks (a) are preferable to widely varying building setbacks (b).
Ord. #I087 Page I4
(4) Building Setback, Front -Areas of Mixed Residential Uses. Single-family detached residences
shall have a building setback in the front between 0-feel and 25-feet. Single-family attached
residences and multifamily residences shall have a building setback in the front between [0 and 151 0 feet.
(5) Building Setback, Rear - Areas of Mixed Residential Uses. The principal building on lots devoted
to single-family detached residences shall be setback no less than 30-feet from the rear lot line.
(6) Side Setbacks. Provision for zero lot-line single-family dwellings may also made, provided that a
reciprocal access easement is recorded for both lots and townhouses or other attached dwellings,
provided that all dwellings have pedestrian access to the rear yard through means other than the
principal structure.
0
Figure 6. Plan-view diagram of the zero-lot line concept. A large side-yard on each parcel is created by
uniformly eliminating one of the side-yard setbacks.
- 4.06 Circulation Standards. The circulation system shall allow for different modes of transportation. The circulation system shall
traditional neighborhood development and shall be connected to existing and proposed external
provide functional and visual links within the residential areas, mixed use area, and open space of the
development. The circulation system shall provide adequate traffic capacity, provide connected
pedestrian and bicycle routes (especially off street bicycle or rnultkuse paths or bicycle lanes on the
streets), control through traffic. limit lot access to streets of lower traffic volumes, and promote safe
and efficient mobility through the traditional neighborhood development.
Ord. #I087 Page I5
(1) Pedestrian Circulation.
Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be
provided continuously throughout the Traditional Neighborhood Development. Where feasible, any
existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for
alleys, shall be bordered by sidewalks on both sides in accordance with the specifications listed in
Table 1. The following provisions also apply:
(a) Walkwavs in residential areas. Clear and well-lighted walkways, 3 - 5 feet in width,
depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent
public recreational trails.
(b) Walkwavs in mixed use areas. Clear and well-lighted walkways shall connect building
entrances to the adjacent public walkways and to associated parking areas. The Public
(c) Disabled Accessibilify. Walkways shall comply with the applicable requirements of the
Works Committee shall determine the width of such walkways.
(d) Crosswalks. Intersections of walkways with streets shall be designed with clearly defined
Americans with Disabilities Act.
the edges or with striping.
edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at
(2) Bicycle Circulation. Bicycle circulation shall be accommodated on streets andlor on dedicated
bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and
enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with
pedestrians and other non motorized users) and separate, striped, 4 foot bicycle lanes on streets. If a
bicycle lane is combined with a lane for parking, the combined width should be 14 feet.
(3) Public Transit Access. Where public transit service is available or planned, convenient access to
transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly
visible locations that promote security through surveillance. and shall be well-lighted.
(4) Motor Vehicle Circulation. Motor vehicle circulation shall be designed to minimize conflicts with
pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic
circles, and medians may be used to encourage slow traffic speeds.
(a) Street Hierarchy. Each street within a traditional neighborhood development shall be
classified according to the following (arterial streets should not bisect a traditional
neighborhood development):
1. Collector, This street provides access to commercial or mixed -use buildings, but it
is also part of the [citylvillagel's major street network. On-street parking, whether
diagonal or parallel, helps to slow traffic. Additional parking is provided in lots to the
side or rear of buildings.
2.
and connects streets of lower and higher function. Design speed is 25 mph.
Subcollector This street provides primary access to individual residential properties
4.
Traffic volumes are relatively low, with a design speed of 20 mph.
Alley. These streets provide secondary access to residential properties where street
frontages are narrow, where the street is designed with a narrow width to provide
limited on-street parking, or where alley access development is desired to increase
residential densities. Alleys may also provide delivery access or alternate parking
access to commercial properties.
3. Local Street. This street provides primary access to individual residential properties.
Ord. #lo87 Page 16
Table 1: Attributes of Streets in a Tradition;
Collector Subcollector
750 or more 750-1500
Trips
Right-of-way 11 76-88 feet I 48-72feei
Auto travel Two 10 feet lanes Two or three 12
lanes feet lanes
Bicycle lanes 4 feet lanes with Two 6 feet lanes
parking lanes
combined with no parking, or 6
combined with
feet lanes
parkinq lanes
Parking 11 Both sides, 8feet None, one, or
both sides, I I 8feet
Curb and gutter (1 Required I Required
Minimum 6 feet
Sidewalks
minimum
Neighborhood Development
Local Street Alley
Less than 250 Not applicable
35-50 feet
one 12 feet lane for
two-way traffic, or or
one 14 feet
Two 8 feet lanes for Two 10 feet lanes,
12-16feet
(queuing) lane
None None
one-way traffic
None or one side, None
8feet (access to individual
outside Right-of-way)
drives & garages
Not required
Minimum 6 feet I None
Both sides, 3-5
feet I None
Figure 7a. Schematic sketch of a typical local street cross-section. Table 1 lists the recommended
dimensions of each component: A) building setback from street right-of-way; B) walkway; C) planting
area; F) travel lane.
Ord. #I087 Page I7
Figure 7b. Schematic sketch of a typical sub-collector street cross-section. Table 1 lists the
recommended dimensions of each component: A) building setback from street right -of-way; B) walkway;
C) planting area; E) bicycle lane; F) travel lane.
Figure 7c. Schematic sketch of a typical collector street cross-section. Table 1 lists the recommended
dimensions of each component: A) building setback from street right-of-way; B) walkway; C) planting area;
D) parking lane; E) bicycle lane; F) travel lane.
(b) Street Lavout. The traditional neighborhood development should maintain the existing street
grid, where present, and restore any disrupted street grid where feasible. In addition:
1,
degrees. Low volume streets may form three-way intersections creating an inherent
Intersections shall be at right angles whenever possible, but in no case less than 75
right-of-way assignment (the through street receives precedence) that significantly
reduces accidents without the use of traffic controls.
2.
tangential arc with a maximum radius of 15 feet for local streets and 20 feet for
Corner radii. The roadway edge at street intersections shall be rounded by a
intersections involving collector or arterial streets. The intersection of a local street
and an access lane or alley shall be rounded by a tangential arc with a maximum
radius of 10 feet.
Ord. #I087 Page I8
Figure 8. Plan-view diagram of a street intersection. Reducing the radius of street corners slows turning
vehicle traffic and shortens pedestrian crosswalks.
3. Curb cuts for driveways to individual residential lots shall be prohibited along arterial
streets. Curb cuts shall be limited to intersections with other streets or access drives
to parking areas for commercial, civic or multifamily residential uses. Clear sight
triangles shall be maintained at intersections, as specified below, unless controlled
by traffic signal devices:
intersection of
120 feet local street and collector
Minimum clear sight distance:
130 feet collector and collector
collector and arterial 50 feet
4. The orientation of streets should enhance the visual impact of common open spaces
and prominent buildings, create lots that facilitate passive solar design, and minimize
street gradients. All streets shall terminate at other streets or at public land, except
future phases of the development. Local streets may terminate other than at other
local streets may terminate in stub streets when such streels act as connections to
streets or public land when there is a connection to the pedestrian and bicycle path
network at the terminus.
(c) Parkinq requirements. Parking areas for shared or community use should be
encouraged. In addition:
1, In the mixed-use area, any parking lot shall be located at the rear or side of a
building. if located at the side, screening shall be provided as specified in section
2. A parking lot or garage may not be adjacent to or opposite a street intersection.
500 square feet of gross building area.
5.
every 10 motor vehicle parking spaces.
6.
Adjacent on-street parking may apply toward the minimum parking requirements.
In the mixed residential areas, parking may be provided on-site. One (1) off-street
secondary dwelling unit.
parking space with unrestricted ingress and egress shall be provided for each
parking space for each additional bedroom.
4.8.
3. In the mixed-use area, a commercial use must provide one parking space for every
4. Parking lots or garages must provide not less than one bicycle parking space for
7 Multi-family uses must provide one parking space for every dwelling unit and 0.5
Ord. #IO87 Page I9
Figure 9. Aerial perspective sketch of a mixed-use area integrating commercial (ground floor) and residential
(second story) uses. A relatively narrow gap in the continuous "street wall" (created by the mixed -use
buildings) provides access from the street to a landscaped, "pedestrian-friendly" parking 101.
(d) Service access. Access for service vehicles should provide a direct route to service and
(e) m. Reduction of impervious surfaces through the use of interlocking pavers is strongly
loading dock areas, while avoiding movement through parking areas.
encouraged for areas such as remote parking lots and parking areas for periodic uses.
- 4.07 Architectural Standards.
A variety of architectural features and building materials is encouraged to give each building or group
of buildings a distinct character,
(1) Guidelines for Existing Structures
(a) Existing structures. if determined to be historic or architecturally significant, shall be protected
from demolition or encroachment by incompatible structures or landscape development.
(b) Standards. The US. Secretary of the Interior's Standards for Rehabilitation of Historic
Properties shall be used as the criteria for renovating historic or architecturally significant
structures.
(2) Guidelines for New Structures
(a) Heiqht. New structures within a Traditional Neighborhood Development shall be no more
than 13 stories] for single-family residential, or 15 stories] for commercial, multi-family
residential, or mixed use.
Ord. #lo87 Page 20
Figure IO. Schematic elevation sketch of a mixed-use streetscape. To create a visually unified
the block.
streetwall, buildings should be no more than 30% taller or 30% shorter than the average building height on
(b) Entries and Facades
1, The architectural features, materials, and the articulation of a facade of a building
2. The front facade of the principal building on any lot in a Traditional Neighborhood
3. The front facade shall not be oriented to face directly toward a parking lot.
4. Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural
shall be continued on all sides visible from a public street.
Development shall face onto a public street.
5.
elements shall define the front entrance to all residences.
ground floor shall be transparent, consisting of window or door openings allowing
Forcommercial buildings, a minimum of 50-percent (50%)of thefrontfacadeon the
6.
views into and out of the interior
New structures on opposite sides of the same street should follow similar design
guidelines. This provision shall not apply to buildings bordering civic uses.
Figure 11. Schematic elevation sketches of two multi-storied buildings with equal heights and widths.
Architectural details such as porches, windows, and roof dormers articulate a building's facade (right) which
enhances visual quality and contributes to a human-scaled development.
(3) Guidelines for garages and secondary dwelling units. Garages and secondary dwelling units may
be placed on a single-family detached residential lot within the principal building or an accessory
building provided that the secondary dwelling unit shall not exceed 800 square feet.
Ord. #IO87 Page 2 1
Tr w
c. 1-1
Figure 12. Plan-view diagrams of four alternative garage locations on a single-family housing lot: a) detached
garage is accessed from an alley; b and c) attached garage is accessed from the local street, d) detached
garage, behind the house, is accessed from the local street.
(4) Guidelines for exterior signage.
A comprehensive sign program is required for the entire Traditional Neighborhood Development that
establishes a uniform sign theme. Signs shall share a common style (e.g., size, shape, material). In
the mixed-use area, all signs shall be wall signs or cantilever signs. Cantilever signs shall be
mounted perpendicular to the building face and shall not exceed 8 square feet.
(5) Guidelines for lighting.
(a) Street lighting shall be provided along all streets. Generally more, smaller lights, as opposed
to fewer, high-intensity lights, should be used. Streetlights shall be installed on both sides of
the street at intervals of no greater than 75-feet. Street lighting design shall meet the
(b) Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.
minimum standards developed by the Illumination Engineering Society.
- 4.08 Landscaping and Screening Standards. Overall composition and location of landscaping shall complement the scale of the development and
its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to
smaller, disconnected areas. Where screening is required by this ordinance, it shall be at least 3 feet
throughout the year, Required screening shall be satisfied by one or some combination of: a
in height, unless otherwise specified. Required screening shall be at least 50 percent opaque
decorative fence not less than 50 percent opaque behind a continuous landscaped area, a masonry
wall, or a hedge.
Ord. #I087 Page 22
(1) Street trees. Shall be required in accordance with Chapter 37, Trees.
(2) Parkina area IandscaDina and screenina.
(a) All parking and loading areas fronting public streets or sidewalks, and all parking and loading
areas abutting residential districts or uses, shall provide:
1,
2.
A landscaped area at least 5-feet wide along the public street or sidewalk.
3.
Screening at least 3-feet in height and not less than 50-percent (50%) opaque.
One tree for each 25-linear feet of parking lot frontage.
(b) Parkina area interior IandscaDina. The corners of parking lots, "islands," and all other areas
not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf
grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such
(c) In large parking lots containing more than 200 spaces, an additional landscaped area of at
spaces may include architectural features such as benches, kiosks or bicycle parking.
least 300 square feet shall be provided for each 25 spaces or fraction thereof, containing one
canopy tree. The remainder shall be covered with turf grass, native grasses or other
perennial flowering plants, vines or shrubs.
(3) Installation and Maintenance of Landscaping Materials.
(a) All landscape materials shall be installed to current industry standards.
(b) Maintenance and replacement of landscape materials shall be the responsibility of the
property owner, Landscape mainlenance should incorporate environmentally sound
management practices, including the use of water- and energy-efficient irrigation systems
such as drip irrigation, and pruning primarily for plant health and public safety, replacing dead
materials annually. e (4) Materials. All plant materials must meet the minimum standards set by the the American National
Standards Institute in ANSI 260.1 American Standard for Nursery Stock. Landscape species shall be
indigenous or proven adaptable to the climate, but shall not be invasive species. Plant materials shall
comply with the following standards:
(a) Minimum plant size shall be as specified as follows (for the purpose of determining tree trunk
size, the diameter shall be measured 6 inches above ground level):
Plant Type
Section 6. 6 feet in height Evergreen tree
Section 5. Minimum Size
'dbh = diameter at breast height
Section 9. 18 - 24 inches in height Evergreen or deciduous shrubs
Section 8. 12 inches caliper at dbh' Small deciduous tree
Section 7. 22 inches caliper at dbh' Deciduous canopy tree
(b) Landscape materials shall be tolerant of specific site conditions, including but not limited to
heat, drought and salt.
(c) Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it ..
(d) Landscape materials that are used for screening shall be of a size that allows growth to the
meets the minimum plant size specified above.
desired height and opacity within 2 years.
SECTION 2: Chapter 17, Section 9.03, of the Municipal Code of the City of Muskego is hereby
amended to read as follows:
9.03 OPD PLANNEDDEVELOPMENT DISTRICT
Ord. #I087 Page 23
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 ofthe normal district regulations ofthis ordime.
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 mcourage 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) Lot Size
Width
(2) (3) (4)
Density Building Location Building Size
As required by Section 6.02.
** Along any boundary street no less than 50 feet
Back offset
offset
floor
n. t Open Height
Space I
Min. 1 Max. Ht I Max. Ht
space structure slruclure open I principal I Accessory
*** Along ant boundajline no less than adjoining dbtrict.
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 6.02. (See Section
6.02)
2. Traditional Neighborimod Developments as permitted by Chapter 39 of the Municipal Code.
B. PERMI'ITED ACCESSORY USES
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 hereinaer and in Section 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: 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 4: This ordinance shall be in full force and effect from and after its passage and
publication.
Ord. #IO87 Page 24
PASSED AND APPROVED THIS 1 ITH DAY OF DECEMBER ,2001.
CITY OF MUSKEG0
David L. De Angelis, Mayor
First Reading: 11/27/2001
Cover Ordinance Published: 12/20/2001
ATTEST:
w&
.
STATE OF WISCONSW ) ss.
Suzanne Sobczyk being duly sworn, doth depose and
say that she is an authorized representative of The
MUSKEGO Sm, a newspaper
published at MUSKEGO.
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein on
,_, ..,
,. . . ,_, . .....
, , . . , , . . . . . , ..
CITY OF MUSKEGO
OFFICE OF THE CLERK-TREASURER
W182 S8200 RACINE AVENUE, MUSKEGO, WI 53150
PHONE: 262-679-5625
FAX: 262-679-4106
MEMORANDUM
TO: Aldermen
Mayor
Clerk
FROM: Jill
DATE: 12/7/2001
RE: Proposed Amendment to Ord. #I087
The Plan Department noticed that the definition of “Street, Hierarchy” was omitted in
Ordinance #I 087 (page 4). Page 4 has been updated to include the definition and is
attached. The Council will need to make a motion to amend the ordinance to include. 0 Thank you.
cc: Brian Turk
Ord. # 1087 Page 4
Queuing - the use of one travel lane on local streets with parking (usually an intermittent parking
pattern) on both sides.
Secondary Dwelling Unit - An additional dwelling unit located within the principal dwelling on the lot,
in a freestanding building or above a residential garage.
Setback - The shortest horizontal distance any structure and the base setback line.
Story - a space in a building between the surface of any floor and the surface of the next floor above,
or if there is no such floor above, then the space between such floor and the ceiling or roof above.
Street -A public or private right of way usually affording primary access to abutting property
Street, Collector - The highest order of residential street (See Street Hierarchy). Conducts and
distributes traffic between lower-order streets and higher-order streets (arterials and expressways).
Since its function is to promote free traffic flow, access to homes and parking should be prohibited.
Collectors should be designed to prevent use as shortcuts by non-neighborhood traffic. Total traffic
volume should not exceed 3,000 ADT
Street, Hierarchy - The conceptual arrangement of streets based upon function. A hierarchal
approach to street design classifies streets according to function, from high-traffic arterial roads down
to streets whose function is residential access. Systematizing street design into a road hierarchy
promotes safety, efficient land use, and residential quality.
Street, Major Arterial -A street with access control, channelized intersections, restricted parking,
and that collects and distributes traffic to and from minor arterials.
Traditional Neighborhood -a compact, mixed-use neighborhood where residential, commercial and
civic buildings are within close proximity to each other