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ORD20031123. . . AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1123 AN ORDINANCE TO CREATE CHAPTER 41 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Comprehensive Plan) THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOllOWS: SECTION 1: Chapter 41 of the Municipal Code of the City of Muskego is hereby created to read as follows: 41.01 INTENT The purpose of this section is to establish the City of Muskego 2010 Comprehensive Plan as the official comprehensive plan of the City of Muskego, as defined by Wisconsin Statutes. The Comprehensive Plan is intended to promote public health, safety, and welfare of he City of Muskego by effectively guiding long-range growth and development within the City of Muskego and its extraterritorial planning jurisdiction. The Comprehensive Plan provides goals, objectives, policies, and recommendatiops for future land use, transportation, housing, economic development, utilities, community facilities, agricultural resources, natural resources, cultural resources, intergovernmental relations, and implementation. Implementation of the Comprehensive Plan is accomplished through other sections of Muskego Municipal Code, more detailed plans, public investments, private development decisions, intergovernmental cooperation and citizen involvement. 41.02 STATUTORY AUTHORITY The authority for the City of Muskego to prepare and adopt a comprehensive plan is established under Section 62.23 and Section 66.1001, Wisconsin Statutes. Section 66.1001 (2) specifies the required contents of a comprehensive plan. 41.03 ADOPTION OF COMPREHENSIVE PLAN The City of Muskego Comprehensive Plan, adopted by Resolution #037-2001 of the Plan Commission on March 6, 2001 and by Ordinance #1042 of the Common Council on March 13, 2001 is the official Comprehensive Plan of the City of Muskego. The abovementioned Comprehensive Plan supercedes and replaces all Comprehensive Plans previously adopted by the City of Muskego, except as explicitly provided for in the Comprehensive Plan document or under Section 41.06 below. The text, maps, tables, graphics, goals, objectives, policies, and recommendations of the Comprehensive Plan are intended to serve as a guide as the City of Muskego undertakes subsequent actions to implement the Plan, except as otherwise provided for under Wisconsin Statues. 41.04 DISTRIBUTION OF COMPREHENSIVE PLAN Per Section 66.1 001 (4)(b) of Wisconsin Statutes, following adoption of the Comprehensive Plan, the City Clerk-Treasurer of the City of Muskego shall send a copy of the adopting ordinance and the adopted Comprehensive Plan document to all of the following: (1) Every governmental body that is located in whole or in part within the boundaries of the City of Muskego. 01'/ Ordinance #1123 (2) . (3) (4) (5) Page 2 The clerk of every local governmental unit that is adjacent to the City of Muskego, including every town, city, village, county and regional planning commission. The Wisconsin Land Council, in care of the Office of Land Information in the Wisconsin Department of Administration. The Secretary of the Wisconsin Department of Administration. The Muskego Public Library. 41.05 PUBLIC PARTICIPATION PLAN (1) REQUIREMENTS The Wisconsin Smart Growth Act. Section 66.1001 (4)(a) Wisconsin Statutes requires the City to "adopt written procedures that are designed to foster public participation, including open discussion, communication programs, information services and public meetings for which advance notice has been provided, in every stage of the preparation of a comprehensive plan. The written procedures shall provide for wide. distribution of proposed, alternative or amended elements of a comprehensive plan and shall provide an opportunity for written comments on the plan to be submitted by members of the public to the governing boqy and for the governing body to respond to such written comments." (2) PURPOSE . This Public Participation Procedure is prepared to implement a public involvement process for the development of the Comprehensive Plan's 2010 Smart Growth Update and its components. The procedure brings diverse stakeholder viewpoints into the decision-making process, enabling the City to make more informed decisions and improve quality through collaborative efforts. This procedure is designed as a general framework within which 2010 Smart Growth Updates will operate. It promotes openness and two-way communication. It is not intended to affect requirements imposed by law, regulation, or contract agreements; neither does it modify any rights available to the public under the current law. (3) PUBLIC PARTICIPATION GOALS AND OBJECTIVES The effectiveness of a plan depends upon its success in meeting the expectations of the public. Further, plans need to be reassessed periodically to determine if the public's evolving needs and expectations are adequately being met. This procedure ensures that the public will be kept informed of activities and given meaningful opportunities to participate in the development and review of public plans and policy. Goal: The 2010 Smart Growth Update process shall provide to the public complete information, timely notice and full access to key decisions; and shall support early and continuing involvement of the public. Objective 1: Provide the public with timely notice and reasonable access to information about physical development issues and processes. . Objective 2: Create opportunities for all segments of the public to become informed about issues and proposals under consideration. . . . (4) (5) Ordinance #1123 Page 3 Objective 3: Share with the public the tasks of identifying concerns, developing alternatives and evaluating policies to address the concerns. Objective 4: Be open, honest, and accurate in public statements and accountable for diligent follow-up and timely results from the commitments they make. Objective 5: Listen and respond to suggestions made by the public. The City will incorporate public input into the plan documents. Objective 6: Foster candid information exchanges and ongoing two-way communication using a variety of media. PROCEDURES FOR PUBLIC PARTICIPATION The City anticipates a four-step planning process for the development of the 2010 Smart Growth Update. The following procedures for public participation shall be undertaken for informing and getting citizens involved during each phase of the comprehensive planning process. (a) Analysis: Appropriate participation tools are identified and utilized to obtain a complete demographic profile of the community and get a sense of the strengths, weaknesses, issues and opportunities. (b) Visioning: The Appropriate participation tools are identified and utilized to access which services and types of development are considered important to the community, as well as determine issues to address and strengths to build on. (c) Synthesis: The public's vision in drafted into document form which includes demographic information and translates the public's desires into statements of goals and policies. (d) Formal Review and Approval: The draft document is distributed to the public, City Library, neighboring communities, and overlapping jurisdictions, as well as all others who express interest in receiving the draft plan. Responses to written public comments and suggestions on the draft document are reviewed by the Common Council and addressed before additions, edits or other changes to the draft plan are recommended by the Council to the Plan Commission. A public hearing is held for formal public review and comment on the final draft. .Common Council reviews and addresses the public written comments on the final draft in the adopted document. PUBLIC PARTICIPATION TOOLS Citizen involvement has always been very important at all stages of the City's planning process- not just the Approval Phase when recommendations are being presented. The following is a summary of the various ways in which the City has and continues to engage citizens in discussions about planning. Each technique has its advantages and disadvantages. Any or all of the techniques listed can be chosen in the Analysis Phase and utilized in the Visioning Phase of the comprehensive planning process. . . . Ordinance #1123 Page 4 . Public Information Handouts . Commission Meeting With Open Comment Period . Press Packet/News Releases . Web Postings . Key Stakeholder Interview . Targeted Mailing/Survey . Stakeholder/Public Official Briefings . News Conference . Task Force . Advisory Committee . Visioning Sessions . On-going Newsletter Articles . Design Charette . Dedicated Web-site . Public Information Meeting/Open House . Exhibits and Displays In Public Buildings . Public Hearing 41.06 DETAILED COMPONENTS OF COMPREHENSIVE PLAN Section 62.23(2) of Wisconsin Statutes provides that the City of Muskego may from time to time amend, extend or add to the Comprehensive Plan or carry out any part of the subject matter in greater detail. The following are more detailed components of the City of Muskego Comprehensive Plan, which shall therefore have the same force and effect as the adopted Comprehensive Plan: (1) Park and Open Space Plan, adopted by the Plan Commission on October 17, 2000 and the Common Council May 22, 2001. (2) Conservation Plan, adopted by the Plan Commission on November 20, 2001 and the Common Council on November 27, 2001. (3) Durham Hill Design Guide, adopted by the Plan Commission on January 4, 2000 and the Common Council on January 25, 2000. (4) Downtown Design Guide, adopted by the Plan Commission on December 3, 1996. (5) (6) General Design Manual, adopted by the Plan Commission on March 17, 1998. Racine Avenue Gateway Design Guide, adopted by the Plan Commission on January 16, 2001 and the Common Council on January 23,2001. Design Guides adopted by this .Section are advisory documents of the Plan Commission and may be changed or varied from time to time by action of the Plan Commission or by other methods as may be set forth in each of said documents. SECTION 2: 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 is hereby repealed as to those terms that conflict. . . . Ordinance #1123 Page 5 SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 14th DAY OF ATTEST: ~/ K_Il1IV1~~ C -Treasurer 11/2002jmb JANUARY, 2003. CITY OF MUSKEGO ~4ß~ ark' A. locomb, Mayor First reading: 11/26/02 Deferred: 12/10/02 Published this 23RD January, 2003. day of . . . COMMON COUNCil - CITY OF MUSKEGO ORDINANCE #1123 AN ORDINANCE TO CREATE CHAPTER 41 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Comprehensive Plan) THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOllOWS: , SECTION 1: Chapter 41 of the Municipal Code of the City of Muskego lis ,~ereby created to read as follows: k ' '"",,~ 41.01 INTENT ,'i,' ;,' 1/ The purpose of this section is to establish the City ot,M~sk~~~~élo Comprehensive Plan as the official comprehensive plan of the City of Muskegó, as cj~fi.l)ed by Wisconsin Statutes. The Comprehensive Plan is intended to promote public heaI1'fït'safety, and welfare of he City of Muskego by effectively guiding long-range gro0th and "Qe;{êlopment within the City of Muskego and its extraterritorial planning jurisdiction. Thë Compréhênsive Plan provides goals, objectives, policies, and recommendations for fut'ie land~ .,y!e, transportation, housing, economic development, utilities, community faciliti,,?S, agricultUral resources, natural resources, cultural resources, intergovernmental relations}' cultura\.~=lources, intergovernmental relations, and implementation. Implementation of tlfe comg~,e[~nSiVe Plan is accomplished through other sections of Muskego Municipal Ç&'de, ~\e detailed plans, public investments, private development decisions, intergovern,lfiental c' r tion and citizen involvement. " c' 41.02 STATUTORY AUTHORI'Ff ' ,. The authority for the City of rv1'ÚSkegolfto~ p",epare and adopt a comprehensive plan is established under Section 62.23 and Stfétion 6~IV&\J Wisconsin Statutes. Section 66.1001(2) specifies the required contents of a cOrrlprehens van. 41.03 ADOPTION O,~(~OMP~ NSIVE PLAN The City of MUSk/go Comprèhensive Plan, adopted by Resolution #037-2001 of the Plan Commission on M~rch 6, 2001 \~nd by Ordinance #1042 of the Common Council on March 13, 2001 is the official Comprehensive Plan of the City of Muskego. The abovementioned Comprehensive Plan supercedes and replaces all Comprehensive Plans previously adopted by the City of Muskego, except as explicitly provided for in the Comprehensive Plan document or under Section 41.06 below. The text, maps, tables, graphics, goals, objectives, policies, and recommendations of the Comprehensive-Plan are intended to serve as a guide as the City of Muskego undertakes subsequent actions to implement the Plan, except as otherwise provided for under Wisconsin Statues. 41.04 DISTRIBUTION OF COMPREHENSIVE PLAN Per Section 66.1001(4)(b) of Wisconsin Statutes, following adoption of the Comprehensive Plan, the City Clerk-Treasurer of the City of Muskego shall send a copy of the adopting ordinance and the adopted Comprehensive Plan document to all of the following: (1) Every governmental body that is located in whole or in part within the boundaries of the City of Muskego. . . . Ordinance #1123 Page 2 (2) The clerk of every local governmental unit that is adjacent to the City of Muskego, including every town, city, village, county and regional planning commission. (3) The Wisconsin Land Council, in care of the Office of Land Information in the Wisconsin Department of Administration. (4) (5) The Secretary of the Wisconsin Department of Administration. The Muskego Public Library. 41.05 PUBLIC PARTICIPATION PLAN (1 ) (2) (3) REQUIREMENTS The Wisconsin Smart Growth Act. Section 66.1001 (4)( a) Wisconsin Statutes requires the City to "adopt written procedures that are designed to foster public participation, including open discussion, communication programs, information services and public meetings for which advance notice has been provided, in every stage of the preparation of a comprehensive plan. The written procedures shall provide for wide distribution of proposed, alternative or amended elements of a comprehensive plan and shall provide an opportunity for written comments on the plan to be submitted by members of the public to the governing body and for the governing body to respond to such written comments." PURPOSE This Public Participation Procedure is prepared to implement a public involvement process for the development of the Comprehensive Plan's 2010 Smart Growth Update and its components. The procedure brings diverse stakeholder viewpoints into the decision-making process, enabling the City to make more informed decisions and improve quality through collaborative efforts. This procedure is designed as a general framework within which 2010 Smart Growth Updates will operate. It promotes openness and two-way communication. It is not intended to affect requirements imposed by law, regulation, or contract agreements; neither does it modify any rights available to the public under the current law. PUBLIC PARTICIPATION GOALS AND OBJECTIVES The effectiveness of a plan depends upon its success in meeting the expectations of the public. Further, plans need to be reassessed periodically to determine if the public's evolving needs and expectations are adequately being met. This procedure ensures that the public will be kept informed of activities and given meaningful opportunities to participate in the development and review of public plans and policy. Goal: The 2010 Smart Growth Update process shall provide to the public complete information, timely notice and full access to key decisions; and shall support early and continuing involvement of the public. Objective 1: Provide the public with timely notice and reasonable access to information about physical development issues and processes. Objective 2: Create opportunities for all segments of the public to become informed about issues and proposals under consideration. . . . (4) (5) Ordinance #1123 Page 3 Objective 3: Share with the public the tasks of identifying concerns, developing alternatives and evaluating policies to address the concerns. Objective 4: Be open, honest, and accurate in public statements and accountable for diligent follow-up and timely results from the commitments they make. Objective 5: Listen and respond to suggestions made by the public. The City will incorporate public input into the plan documents. Objective 6: Foster candid information exchanges and ongoing two-way communication using a variety of media. PROCEDURES FOR PUBLIC PARTICIPATION The City anticipates a four-step planning process for the development of the 2010 Smart Growth Update. The following procedures for public participation shall be undertaken for informing and getting citizens involved during each phase of the comprehensive planning process. (a) Analysis: Appropriate participation tools are identified and utilized to obtain a complete demographic profile of the community and get a sense of the strengths, weaknesses, issues and opportunities. (b) Visioning: The Appropriate participation tools are identified and utilized to access which services and types of development are considered important to the community, as well as determine issues to address and strengths to build on. (c) Synthesis: The public's vision in drafted into document form which includes demographic information and translates the public's desires into statements of goals and policies. (d) Formal Review and Approval: The draft document is distributed to the public, City Library, neighboring communities, and overlapping jurisdictions, as well as all others who express interest in receiving the draft plan. Responses to written public comments and suggestions on the draft document are reviewed by the Common Council and addressed before additions, edits or other changes to the draft plan are recommended by the Council to the Plan Commission. A public hearing is held for formal public review and comment on the final draft. Common Council reviews and addresses the public written comments on the final draft in the adopted document. PUBLIC PARTICIPATION TOOLS Citizen involvement has always been very important at all stages of the City's planning process- not just the Approval Phase when recommendations are being presented. The following is a summary of the various ways in which the City has and continues to engage citizens in discussions about planning. Each technique has its advantages and disadvantages. Any or all of the techniques listed can be chosen in the Analysis Phase and utilized in the Visioning Phase of the comprehensive planning process. Ordinance #1123 Page 4 . Public Information Handouts . Commission Meeting With Open Comment Period . Press Packet/News Releases . Web Postings . Key Stakeholder Interview . Targeted Mailing/Survey . Stakeholder/Public Official Briefings . News Conference . Task Force . Advisory Committee . Visioning Sessions . On-going Newsletter Articles . Design Charette . Dedicated Web-site . Public Information Meeting/Open House . Exhibits and Displays In Public Buildings . Public Hearing . 41.06 DETAilED COMPONENTS OF COMPREHENSIVE PLAN Section 62.23(2) of Wisconsin Statutes provides that the City of Muskego may from time to time amend, extend or add to the Comprehensive Plan or carry out any part of the subject matter in greater detail. The following are more detailed components of the City of Muskego Comprehensive Plan, which shall therefore have the same force and effect as the adopted Comprehensive Plan: (1 ) . (2) (3) (4) (5) (6) Park and Open Space Plan, adopted by the Plan Commission on October 17, 2000 and the Common Council May 22, 2001. Conservation Plan, adopted by the Plan Commission on November 20, 2001 and the Common Council on November 27,2001. Durham Hill Design Guide, adopted by the Plan Commission on January 4, 2000 and the Common Council on January 25, 2000. Downtown Design Guide, adopted by the Plan Commission on December 3, 1996. General Design Manual, adopted by the Plan Commission on March 17, 1998. Racine Avenue Gateway Design Guide,. adopted by the Plan Commission on January 16, 2001 and the Common Council on January 23, 2001. SECTION 2: 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 is 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. .~ PASSED AND APPROVED THIS DAY OF ,2002. CITY OF MUSKEGO . . '~ Onlinance #1123 ATTEST: Page 5 Mark A. Slocomb, Mayor First reading: 11/26/02 Deferred: 12/10/02 Published this ,2002. day of Clerk-Treasurer 11/2002jmb