ORD20161404-Rezone-Edgewater CPD
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1404
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
(Edgewater Heights – RSE and SW to Conservation Planned Development District and SW)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from RSE – Suburban Estate District and
SW Shoreland Wetland District to CPD – Conservation Planned Development District and SW Shoreland
Wetland District:
Tax Key Number 2241.999
SECTION 2: Upon satisfaction of the conditions of Section 5, below, Chapter 17 of the City of Muskego
Code entitled “Zoning,” Section 10.11 entitled “CPD-6 Edgewater Heights” is hereby added as depicted in
Attachment A attached hereto and incorporated herein by reference, to allow the development proposed by
Neumann Companies as described in their submittal dated February 22, 2016 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 10.05 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provisions of this ordinance are hereby repealed as to those terms that conflict.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 Preliminary Plat and any required Council approvals of Subdivider’s
Agreements.
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PASSED AND APPROVED THIS 12 DAY OF APRIL , 2016.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
First Reading: March 22, 2016
ATTEST:
______________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: April 21, 2016
ATTACHMENT A (ORDINANCE #1404)
10.11 CPD-6 EDGEWATER HEIGHTS
(1) The Edgewater Heights Subdivision is a conservation development consisting of 37 single-family lots and
various outlots on 57 acres of land. The subdivision utilizes the base zoning of RS-3/CPD Suburban
Residence District with Conservation Planned Development Overlay District, which generally allows parcels of
a 15,000 square foot maximum size and a maximum of 100 feet in width (Both of which vary depending on lot
layout and subject to Common Council approval). The density for Edgewater Heights meets the
Comprehensive Plan objective of low-density residential. Overall, Edgewater Heights preserves approximately
54.5% open space exclusive of the proposed roadways.
Outlots proposed as part of the development are utilized for stormwater management and for conservation
purposes. The stormwater outlots are owned by the Edgewater Heights Homeowner’s Association. The
conservation outlots will be maintained by the Edgewater Heights Homeowner’s Association.
The development is of sufficient size to allow up to five (5) bonus lots subject to Common Council approval and
the development is approved allowing three (3) bonus parcels. Edgewater Heights requested three bonus lots
above the original density that was allowed under the previous zoning (Previous zoning was RSE Suburban
Estate District, which allowed as many as 34 lots under the approved yield plan). The following measures,
from the Muskego Code, are to be completed as part of Edgewater Heights bonus lots and they are as follows:
A. Providing for access by the general public to trails, parks, or other recreational facilities.
B. Preservation of Environmental features identified in the adopted Conservation Plan and any other
significant environmental features found in the platted area. Preservation may include a minimum 50-
75 foot setback from the environmental features identified.
C. Restores native prairie and provides a management plan for perpetual maintenance.
D. Improves water quality through stormwater management standards and practices, that exceed the
minimum standards of Chapter 34 of the Municipal Code, and, as approved by the City Engineer and
the Public Works Committee.
E. Provides more than the required 50% of the gross acreage as open space in the development (Rights-
of-way shall not count towards open space requirements. Stormwater outlots may count towards
open space requirements, subject to Planning Commission discretion/approval, when they are
subject to deed restrictions, easements or open space management plans.).
F. As opposed to wetlands or other non-buildable areas; Open, buildable land may be counted as more
meaningful preservation for purposes of awarding bonus lots.
(2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS:
Plan Commission Rezoning Approval: 04/06/2016 per Resolution #023-2016
Common Council Rezoning Approval: 04/12/2016 per Ordinance #1404
Plan Commission Preliminary Plat Approval: 05/03/2016 per Resolution #028-2016
Common Council Preliminary Plat Approval: 05/10/2016 per Resolution #035-2016
Common Council Developer’s Agreement Approval: 08/23/2016 per Resolution #067-2016
(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 Side Min. floor Min. floor Floor Min. Min. Ht Min. Ht
Lot Avg. Acre Set Yards Yards area 1st area total Area open principal Accessory
Area Lot Back (one (All floor Ratio space structure structure
Width side) Other) per res
D/U
18,000 100’ .65 40 10 15 1200 1200 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.