ORD20151396-Rezone-Jewell-Final
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1396
AN ORDINANCE TO AMEND THE ZONING MAP AND
2020 COMPREHENSIVE PLAN
OF THE CITY OF MUSKEGO
(John Jewell – B-3 and RS-3 to Planned Development District)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from B-3 – General Business District and
RS-3 – Suburban Residence District to PD – Planned Development District:
Tax Key Number 2196.958.001
SECTION 2: The Common Council does hereby amend the 2020 Comprehensive Plan Map to reflect a
change from Commercial uses to Commercial and Medium Density Residential uses.
SECTION 3: Upon satisfaction of the conditions of Section 5, below, Chapter 17 of the City of Muskego
Code entitled “Zoning,” Section 9.54 entitled “PD-48 Ingold” is hereby added as depicted in Attachment A
attached hereto and incorporated herein by reference, to allow the development proposed by John Jewell
as described in their submittal dated April 1, 2015 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 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 ordinances whose terms are in 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provisions of this ordinance are hereby repealed as to those terms that conflict.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 passage and publication subject to
Plan Commission approvals of a Building, Site, and Operation Plan and any required Council approvals of
Subdivider’s Agreements.
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PASSED AND APPROVED THIS 12 DAY OF MAY , 2015.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
First Reading: April 28, 2015
ATTEST:
______________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: May 21, 2015
ATTACHMENT A
9.54 PD-48 INGOLD
(1) The Ingold Planned Development contains approximately 7.5 acres and is located along
Janesville Road with frontage also found to the east along Westwood Drive. The development consists
of allowing a one acre area of commercial uses found up along Janesville Road, area for eight (8) 2-unit
side by side residential buildings along the back of the property (accessed privately from Janesville
Road) two (2) single-family residential buildings along Westwood Drive.
Various condominium plats, certified survey maps, building/site/operation plans, and/or development
agreements are required before the Planning Commission and/or Common Council.The development is
constructed in multiple phases and is serviced by City sewer and water.
The commercial portion of the planned development is created under the auspices of the B-3
Commercial Zoning District. The two-family portion of the planned development is created under the
auspices of the RM-3 Multi-family Residential Zoning District. The single-family portion of the planned
development is created under the auspices of the RS-3 Single-family Residential Zoning District.
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 the density found in the City’s
Comprehensive Plan of Medium Density Residential. The PD also allowed the mixed uses of
commercial and residential 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.
(2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS:
Plan Commission 2015 Rezoning Approval: __/__/2015 per Resolution #___-2015
Common Council 2015 Rezoning Approval: __/__/2015 per Ordinance #1396
Plan Commission 2015 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 - - Varies Varies 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.