ORD20161406-Rezone-Parkland Towne Center AMENDMENT
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1406
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
(Parkland Towne Center – B-4 to PD)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS:
SECTION 1: The following described property is hereby rezoned from B-4 – Highway Business
District to PD – Planned Development District:
Tax Key Number 2198.984
SECTION 2: Chapter 17 of the City of Muskego Code entitled “Zoning”, Section 9 will have the
text per Attachment A added and incorporated herein by reference, to allow the development
proposed by Ener-Con Companies, Inc. as described in their submittal to the Common Council,
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. Zoning code text will reference the development as “PD-50
Parkland Towne Center” and any miscellaneous necessary fill in information will be added once
the rezoning goes into effect per Section 4.
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repealed as to those terms that conflict.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 of
this ordinance and the recording of a Certified Survey Map approved by the city for the
development of this property.
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PASSED AND APPROVED THIS 24 DAY OF MAY , 2016.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
First Reading: 04/26/2016
Deferred: 05/10/2016
ATTEST:
______________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: June 2, 2016
ATTACHMENT A (ORDINANCE #1406)
9.56 PD-50 Parkland Towne Center
1. The Parkland Towne Center Planned Development contains approximately 10.5 acres of
mixed use development along Janesville Road to the south and Lannon Road to the
west. The development will generally contain the following:
Approximately 53,500 square feet of commercial buildings generally consisting of
a 30,000 square foot structure, a 12,000 square foot structure, a 7,500 square
foot structure, and a 4,000 square foot structure.
Three (3) multi-family structures with 30 units a piece. Each structure to total 4
stories and be approximately 21,600 square feet each in size.
All commercial and multi-family residential uses as part of the Parkland Towne Center
are subject to Plan Commission Building, Site, and Operation Plan and/or Conditional
Use Grant approval following the Planned Development zoning approval.
The planned development district is approved in order to allow the below characteristics
for the proposed mixed use development.
That the development is conceptually developed per the submittal found in the
approvals referenced below; subject to future city approvals of civil plans, BSOs,
CSM and other approvals.
The multi-family buildings not to exceed 43’ 9” feet as measured by code.
The multi-family buildings to have up to 30 units in any one structure.
Commercial and residential buildings on the site to have varying setbacks
offsets, floor area ratios, and open space ratios.
Allow the residential density to exist as 5,000/SF per unit as per the RM-1 zoning
district.
Lot lines to cross between developments including allowance of land locked
parcels subject to easements.
Paving, parking space, and access ways to cross property lines throughout the
development.
That the approval involves the conceptual site plan approved under PC
Resolution #031-2016 which shows a 40 foot offset for Apartment Building #3 on
the west side.
(2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS:
Plan Commission Rezoning Approval: 05/03/2016 per Resolution #030-2016
Common Council Rezoning Approval: 05/24/2016 per Ordinance #1406
Common Council Developer’s Agreement Approval: 05/11/2016 per Resolution #032-
2016
(3) BASIC REGULATIONS
(A) (B) Res. (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 8.4 Varies Varies Varies - - Varies Varies 35 15
(4) PERMITTED USES BY RIGHT
1. All uses as per the original approved site plan as part of this Planned
Development rezoning.
2. Any use as permitted in the RM-1 and B-4 districts subject to zoning substantial
change hearings if required.
(5) PERMITTED ACCESSORY USES
1. All accessory uses as per the original approved site plan as part of this Planned
Development rezoning.
2. Any accessory use as permitted in the RM-1 and B-4 districts subject to zoning
substantial change hearings if required.
(6) PERMITTED USES BY CONDITIONAL GRANT
1. All conditional uses as per the original approved site plan as part of this Planned
Development rezoning.
2. Any conditional use as permitted in the RM-1 and B-4 districts subject to zoning
substantial change hearings if required.