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ORD20141385-Rezone-EnerConAMENDED (Repealed with adoption of Ordinance #1400 – 9/8/2015) AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1385 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Ener-Con Companies, Inc. – RL-3 to PD-14 and PD-14 Amendment) WHEREAS, on or about August 26, 2014, the City Community Development Director received a zoning amendment petition from Ener-Con Companies, Inc., seeking to expand and amend the PD-14 zoning district as described in its letter of August 26, 2014 and accompanying documentation; and WHEREAS, pursuant to Section 23.02(4) of the City Zoning Code, the Community Development Director transmitted the zoning amendment petition to the City Plan Commission for study and investigation and report to the Common Council; and WHEREAS, on or about September 23, 2014, the Common Council conducted a public hearing upon due notice as required by Section 23.02(5) and Section 2 of the City Zoning Code; and WHEREAS, on or about October 7, 2014, the City Plan Commission considered the zoning amendment petition and recommended to the Common Council that the zoning amendment be rejected; and WHEREAS, on or about October 14, 2014, the Common Council considered the recommendation of the Plan Commission and determined that it required additional information from the Plan Commission, to describe the basis for the Plan Commission recommendation in light of the standards of City Zoning Code Section 9.04, and the Common Council referred the matter back to the City Plan Commission; and WHEREAS, on or about November 4, 2014 the City Plan Commission further considered the matter and the basis for its recommendation in light of the standards described in Section 9.04 of the City Zoning Code, determined that it was satisfied that all of the standards of Section 9.04 have been met, and upon motion duly made by a member who voted in favor of the original recommendation, which was seconded and adopted, reconsidered its prior recommendation; and WHEREAS, upon such reconsideration, the City Plan Commission, having found that all of the standards of Section 9.04 of the City Zoning Code have been met, recommended that the Common Council approve the zoning change, as described in its resolution P.C. 052-2014; and WHEREAS, the Common Council has carefully considered the recommendation of the City Plan Commission, has determined that all notice and procedural requirements have been met, has considered all information received in the matter, has satisfied itself that the standards of section 9.04 of the City Zoning Code have been met, has determined that the zoning amendment is consistent with the City Comprehensive Plan, and has determined that the zoning amendment should be granted upon the terms and conditions described herein. NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: Upon satisfaction of the conditions of Section 4, below, Tthe following described property is hereby rezoned from RL-3 Lakeshore Residence District to PD-14 Bay Breeze Planned Development District: Tax Key Number 2195.999 SECTION 2: Upon satisfaction of the conditions of Section 4, below, Chapter 17 of the City of Muskego Code entitled “Zoning”, Section 9.20 entitled “PD-14 Bay Breeze” is hereby amended as depicted in Attachment A attached hereto and incorporated herein by reference, to allow the development proposed by Ener-Con Companies, Inc. as described in their letter dated August 26, 2014 and accompanying documentation, subject to all applicable terms and conditions of this ordinance and subject to final revisions that may be made upon the City’s approval of the final development documents pursuant to Section 9.06 of the Muskego Zoning Code. 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 ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 4: This ordinance is based upon, and contingent, upon the submitted developer plans and is in full force and effect from and after passage and publication and subject to all of the following conditions being satisfied prior to this ordinance taking effect: 1. The Plan Commission approval, and developer execution, of a Building, Site, and Operation Plan (BSO), along with developer agreements as deemed necessary by the Community Development Director outlining development improvements. 2. The Community Development Director being satisfied that the appropriate controls are in place, whether by condominium declaration and plat, or deed restriction, to ensure that no future units are approved for the property that is hereby rezoned, and in particular the existing single-family residence shall remain a single family residence, and shall not be further developed with additional dwelling units. TH PASSED AND APPROVED THIS 11 DAY OF NOVEMBER , 2014. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor First Reading: 09/23/2014 Deferred back to Planning Commission: 10/14/2014 ATTEST: ______________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: November 20, 2014 ATTACHMENT A 9.20 PD-14 BAY BREEZE (1) The Bay Breeze Planned Development contains approximately 30 acres and a variety of parcels located on the south side of Janesville Road along Little Muskego Lake just east of Pioneer Drive. The development consists of with 11 4-unit condominiums, 5 six- unit condominiums, and 4 larger parcels for single-family use totaling 78 dwelling units. Multiple Certified Survey Maps and condominium plats ultimately creating parcels for multi- family condo use and parcels for single-family use. The condominium complex was approved with accessory structures, landscaping, and appropriate access and parking. The development is constructed in multiple phases and is serviced by City sewer and water. The planned development was originally created under the zoning of RS-3/PD Suburban Residence District with a Planned Development Overlay District and B-2/PD Local Service Center District with a Planned Development Overlay District. A Developer’s Agreement is approved for the development by the City’s Common Council outlining the individual guarantees. The original development called for 74 units of condominiums to the east and a mixed-use facility to the west with an option of having 10 17 single-family residential units in place of the mixed-use facility if it was never constructed (seven (7) previous single-family residences allowed plus up to ten (10) more replacing the mixed use facility). The current planned development has the 74 units of multi-family condominiums and has since built four parcels of single-family residential west of the condominium development. Overall, the Planned Development zoning is put in place to allow the developer’s to use the amount of units disbursed throughout the developed area while preserving a specific density, outlined in the approved Developer’s Agreement. The PD also allowed the mixed uses of single-family and multi-family to co-exist in the same development. Setbacks and offsets of the multi-family uses were established under the original approvals and any new buildings will require approval of the City’s Planning Commission. Setbacks and offsets for the single-family uses follow the zoning restrictions of the RL-3 Lakeshore Residence District. Overall, the Developer’s Agreement allows the following:  74 units of multi-family condominiums to the east, and a mixed use facility to the west (10 units of single-family residential in place of mixed-use facility if never constructed), and seven (7) more single family residences to the far west.  No more than one boat slip per multi-family unit and in no case can the amount of boat slips exceed 74 for the multi-family uses of the PD.  Each private boat slip shall be only available to the owners of the condominium and no condo unit shall own more than one slip.  No more than 25 boat slips allowed for the originally proposed mixed-use facility and these slips shall not be available for rent but for the sole use of the mixed- use facility (Mixed -family use facility and boat slip clause was amended out of the original Developer’s Agreement and boat slips as necessary for single-family units were allowed).  Shall the mixed-use facility not be constructed as part of the PD the Developer has the right to construct a maximum of ten single-family homes in its place (Mixed-family use facility was amended out of the original Developer’s Agreement and single-family units were allowed). Approvals were also given in 2014 that amended the western border of the planned development district as well as the western land uses of the district that were originally approved in 1988. Said amendments included the addition of approximately 1.4 acres to the planned development as well as allowing a total of eighteen (18) units to exist over a total of approximately 6.7 acres which consisted of an existing single- family home to remain, five single family “garden homes”, and a twelve (12) unit multi-family structure all subject to the approvals given by the Planning Commission and Common Council in the resolutions and ordinances referenced below. (2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS: Plan Commission Rezoning Approval: 03/15/1988 per Resolution #032-1988 Common Council Rezoning Approval: 09/27/1988 per Ordinance #622 Common Council Developer’s Agreement Approval: 09/27/1988 per Resolution #216- 1988 Plan Commission 2014 Rezoning Approval: 11/04/2014 per Resolution #052-2014 Common Council 2014 Rezoning Approval: 11/11/2014 per Ordinance #1385 Plan Commission 2014 BSO Approval: ______ per Resolution #____-___ Common Council Developer’s Agreement Approval (If Applicable): ______ per Resolution #___-____ (3) BASIC REGULATIONS (A) (B) (C) (D) (E) (F) Lot Size Density Building Location Building Size Open Height Space Min. Min. D/U Per Min. Side Rear Min. floor Min. floor Floor Min. Min. Ht Min. Ht Lot Avg. Acre Set Yards Yard area 1st area total Area open principal Accessory Area Lot Back floor Ratio space structure structure Width per res D/U Varies Varies 2.6 Varies Varies Varies - - 25% 75% 30 15 (4) PERMITTED USES BY RIGHT 1. Any use as permitted in the RCE district subject to zoning substantial change hearings if required. (5) PERMITTED ACCESSORY USES 1. Any accessory use permitted in the RCE district subject to zoning substantial change hearings if required. (6) PERMITTED USES BY CONDITIONAL GRANT 1. Any conditional use permitted in the RCE district subject to zoning substantial change hearings if required.