ORD20151398-Rezone-TudorOaks
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1398
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
(Tudor Oaks Planned Development District Amendment)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: The following described properties are currently zoned PD-6 (Tudor Oaks Planned
Development) and are hereby amended to allow the originally approved densities of allowed beds and
apartments to be amended as shown in Attachment A:
Tax Key Numbers 2207.999 & 2207.999.002
SECTION 2: Upon satisfaction of the conditions of Section 4, below, Chapter 17 of the City of Muskego
Code entitled “Zoning,” Section 9.12 entitled “PD-6 Tudor Oaks” is hereby added as depicted in Attachment
A attached hereto and incorporated herein by reference, to allow the development proposed by Tudor Oaks
as described in their submittal dated April 23, 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 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provisions of this ordinance are hereby repealed as to those terms that conflict.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 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
Developer’s Agreements if required.
PASSED AND APPROVED THIS 9th DAY OF JUNE , 2015.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
First Reading: May 26, 2015
ATTEST:
______________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: June 18, 2015
ATTACHMENT A (ORDINANCE #1398)
9.12 PD-6 TUDOR OAKS
(1) The Tudor Oaks Planned Development contains approximately 110 acres within 2 parcels for
single-family residential and institutional uses located off the south side McShane Drive just east of
Durham Drive. The development was originally part of the Mus-Kee-Guac development. Tudor Oaks is
constructed in multiple phases and is serviced by sewer and water. The lands consist of one large
structure with living units and nursing facilities and have approvals for associated landscaping, access,
accessory structures, and parking.
The planned development was originally created under the zoning of RS-2/PD Suburban Residence
District with a Planned Development Overlay District. The Planned Development zoning was put in place
to allow the developer’s to provide an institutional mixed-use environment for senior citizen living and
care. The development is subject to the developers receiving Planning Commission Building, Site, and
Operation Plan (BSO) approval for site specifics as long as the PD does not exceed the following:
No more than 50 single-family home sites south of McShane Road
No more than 275 300 apartments and a 85 60 bed health care facility
A Developer’s Agreement is approved for the development by the City’s Common Council outlining the
individual guarantees.
Planned Development rezoning amendments were approved in 2015 allowing the bed count to go from
60 to 85 while reducing the amount of allowed apartments from 300 to 275.
(2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS:
Common Council Rezoning Approval: 04/24/1973 per Ordinance #250
Common Council Revised PD Approval: 06/25/1974 per Resolution #116-1974
Common Council PD Agreement Approval: 04/08/1975 per Resolution #099-1975
Plan Commission BSO Approval: 07/02/1974 per Resolution #086-1974
Plan Commission Amended BSO Approval: 01/17/2006 per Resolution #136-2005
Plan Commission 2015 Rezoning Approval: 6/02/2015 per Resolution #028-2015
Common Council 2015 Rezoning Approval: 06/15/2015 per Ordinance #1398
(3) BASIC REGULATIONS
(A) (B) (C) (D) (E) Open (F)
Lot Size Density Building Location Building Size Space Height
Min. Min. Max Min. Side Rear Min. Min. floor Floor Min. open Min. Ht Min. Ht
Lot Avg. Allowed = Set Yards Yard floor area total Area space for principal Accessory
Area Lot 350 units/ Back area Ratio development structure structure
Width 110 acres 1st
floor
Varies Varies 3.18 Varies Varies Varies - - 25% 75% - -
(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.