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COMMON COUNCIL Minutes 20090512-Attachment Please find the following changes that are required to effectively remove the Conservation Preservation zoning from the City’s Chapter 17 and Chapter 18 Municipal Codes. Chapter 17 Changes: 8.39 -CP CONSERVATION PRESERVATION (1) STATEMENT OF INTENT This district is intended to correlate with the City’s adopted 2020 Comprehensive Plan Future Land Use Map. Areas of the 2020 Future Land Use Map display the requirement for certain parcels to develop according to conservation preservation principles found in the City’s Chapter 18 Land Division Ordinance. Those parcels under that requirement have the –CP Conservation Preservation zoning district attached to the existing zoning district. The 2020 Comprehensive Plan and the –CP Conservation Preservation zoning district were implemented as part of the adoption of the City’s 2020 Comprehensive Plan and are intended to ensure that the rural and open space areas in Muskego will continue to exist for future generations in order to balance the urban and rural atmospheres that presently exist in the community. (2) BASIC REGULATIONS Land divisions must follow the Conservation Preservation Subdivision principles regulated in the City’s Chapter 18 Land Division Ordinance. Further, the procedures and basis for approvals are the same as found in Sections 10.03 and 10.04 of this ordinance regulating Conservation Planned Development Districts. Some characteristics of parcels in a Conservation Preservation Subdivision are found below: Building Open (1) Lot Size (2) Density (4) Building Size (6) Height (3) Location (5) Space Minimum Residential Min per Minimum Min. Residential Min. Floor Max. Permitted Residential Average Set Floor Area (In Sq. Ft.) Area Lot Area (In Feet) D/U Minimum Width Back Per D/U Area Offsets Single Family Principal Accessory (In Sq. Ft. Lot Area Multi (In Feet) (In Feet) structure structure Per D/U 1st Total Or Acres) Ratio per floor (In Sq. Ft.) D/U 1 1 10.02(3)c 2 1 1200 1200 - 1 3 1 * 1 Per zoning district that developer is basing development plans upon unless modified by Planning Commission to comply with the spirit and intent of this ordinance and finding that a change would not be contrary to the general welfare and economic prosperity to the City of immediate neighborhood. 1 Along any boundary line no less than 50 feet unless otherwise modified by Planning Commission to comply with the spirit and intent of this ordinance and finding that a change would not be contrary to the general welfare and economic prosperity to the City of immediate neighborhood. 2 Open space must be at least 60% of the gross acreage of the development and each private lot must maintain at least 75% open space. *See Section 5 (3) Permitted Uses A. PERMITTED USES BY RIGHT 1. Single-family residential related uses (No multi-family residential related uses). 2. Any use permitted by the base district. B. PERMITTED ACCESSORY USES Any accessory use permitted by the base district. C. PERMITTED BY CONDITIONAL GRANT 1. Any conditional use permitted by the base district. 2. Minor land division: A proposed land division in the –CP zoning district that wishes to divide only a portion of parcel while allowing the remaining parent parcel to be reserved for future conservation preservation design standards may only do so by the approval of a Conditional Use Grant that runs with the divided lands. The developer must demonstrate to the Planning Commission the future development of the parent parcels. An approved conditional use grant allowing such a land division shall demonstrate that any future land division of the parcel(s) shall be consistent with the Conservation Preservation Land Division procedures in Chapter 18 of the City of Muskego Municipal Code. A yield plan and concept plan must show how the parcel may be divided in the future to meet the City Conservation Preservation Land Division procedures. The developer will have to receive approval of a conditional use grant, that runs with the lands, and requires that future development of the parent parcels is restricted to the yield analysis and concept plans that were approved along with the minor land division in order to ensure that the principles of the adopted Comprehensive Plan is followed in relation to Conservation Preservation Subdivisions. D. SPECIAL REGULATIONS Land divisions requesting to not follow the conservation preservation principles found herein and in the Chapter 18 Land Division Ordinance may make such a request to the Planning Commission and Common Council. The Common Council shall act on a request after first receiving a recommendation from the City’s Planning Commission. A petitioner for such a request must demonstrate that a conventional subdivision or minor land division for a given area is in the better interest of the City compared to the objectives found in the City’s Comprehensive Plan that deal with the promotion of maintaining the community’s conservation, agricultural, and open space resources while ensuring a quality rural atmosphere for the present and future residents. A petitioner must also demonstrate that a conservation subdivision or minor land division will not feasibly work in a given area. E. -CP Approvals and Requirements Land divisions that receive approvals under the –CP ordinance will be listed herein with their approval dates and associated requirements of their approvals. The information provided in 8.39(3)E may be amended as approvals are given and does not need to follow the restrictions of code amendments that the rest of Chapter 17 requires if the material added is of non-material notes: Section 17: 10.01(3) change: Note: This section applies to areas requested to be rezoned to a CPD Conservation Planned Development District and those existing CPD Conservation Planned Development Districts. Parcels with the –CP Conservation Preservation zoning designation are allowed the conservation planned development principles by right, although they follow the same requirements found herein Section 10. Section 17: 10.02(1) change: Size Allowed: For the purpose of this Ordinance all Conservation Planned Development Projects shall require be limited to residential developments on parent parcels of not less than the size 653,400 square feet and the minimum required a minimum open space for a CPD is of 50% 60% of the gross acreage (Rights-of-way shall not count towards open space requirements. stormwater outlots may count towards open space requirements, subject to Planning Commission approval, when they are subject to deed restrictions, easements or open space management plans): Section 17: 10.02(3)(C)3 change: For parcels less than forty (40) eighty (80) acres in area, the maximum bonus permitted is the greater of three (3) four (4) parcels or 15% of the base development density. For parcels between forty (40) and eighty (80) acres in area, the maximum bonus permitted is five (5) parcels. For parcels eighty (80) acres or greater in area, the maximum bonus permitted is the greater of six (6)four (4) parcels or 20% of the base development density. All development yield bonuses shall be calculated to the nearest one-hundredth. In cases where the total combined development yield bonus results in a fraction, all such fractions shall be rounded up to the next whole number. All parcels shown in a developer’s yield analysis must demonstrate that each parcel could actually be developed on the site proposed. Thus, each yield parcel must show that adequate water, sewer, stormwater management, and buildable area is present and attainable to the Planning Commission. The base development density for an EA Exclusive Agriculture or A Agricultural zoned lot is based upon a rate of at least 120,000 square feet per lot (300 feet in width). The base development density for any other piece of land is based on the existing minimum zoning requirements OR the minimum Comprehensive Plan density requirements, whichever is stricter. All parcels shown in a developer’s yield analysis must demonstrate that each parcel could actually be developed on the site proposed. Thus, each yield parcel must show that adequate water, sewer, stormwater management, and buildable area are present and attainable to the Planning Commission. Section 18: 18.08: Definitions change: CERTIFEID SURVEY MAP, CONSERVATION. A housing development constructed under the auspices of the –CP Conservation Preservation Planned Development Zoning District, in a rural setting comprised of at least five residential parcels, that is characterized by compact lots, at least 60% open space, and where the natural features of the land are maintained to the greatest extent possible. SUBDIVISION, CONSERVATION. A housing development constructed under the auspices of the CPD Conservation Planned Development Zoning District, in a rural setting comprised of at least five residential parcels situated on no less than fifteen (15) acres, that is characterized by compact lots, at least 50% 60% open space, and common open space, and where the natural features of the land are maintained to the greatest extent possible. Section 18: 18.31(l)(3)h change: Calculations showing the appropriate amount of open space preservation for a Conservation Subdivision (50% 60%). Section 18: 18.33(1)b change: (b) Certified survey maps creating land divisions in Conservation Preservation areas, as defined by the adopted Comprehensive Plan Map, must follow the further restrictions found in section 18.33(i). Section 18: 18.33(3)i: Definitions change: (i) Minor Land Divisions in Comprehensive Plan identified Conservation Preservation Subdivision areas shall include the following additional information if applicable to the individual sites: 1. Inventory and mapping of existing resources including the following mapped at a scale of no less than one inch equals 50 feet: a) Topographic contours at 2- foot intervals. b) United States Department of Agriculture, Natural Resource Conservation Service soil type locations and identification of soil type characteristics such as agricultural capability, depth to bedrock and water table, and suitability for wastewater disposal systems. Type and stability of bedrock should also be noted, particularly in karst areas and areas with high potential for groundwater contamination due to fractured bedrock or the presence of arsenic and mercury. c) Hydrologic characteristics, including surface water bodies, floodplains, groundwater recharge and discharge areas, wetlands, natural swales, drainage ways, and steep slopes. d) Land cover on the site, according to general cover type (pasture, woodland, etc.), and stand-alone trees with a caliper of more than six (6) inches measured four feet off the ground. The inventory shall include comments on the health and condition of the vegetation. e) Current and past land use, all buildings and structures on the land, cultivated areas, brownfields, waste sites, and history of waste disposal practices, paved areas, and all encumbrances, such as easements or covenants. f) Known critical habitat areas for rare, threatened or endangered species g) Views of the site, including views onto the site from surrounding roads, public areas and elevated areas, including photographs with a map indicating the location where the photographs were taken. h) Unique geological resources, such as rock outcrops and glacial features. i) Cultural resources: brief description of historic character of buildings and structures, historically important landscapes, and archeological features. This includes a review of existing inventories, including those the State Historical Society of Wisconsin maintains for historic buildings, archaeological sites, and burial sites. 1). Development yield analysis. The Subdivider shall submit a table showing the maximum number of dwelling units that would be permitted under the City zoning ordinance, consistent with the minimum lot size, lot widths, set backs, and other provisions of the zoning ordinance and compare it to the number of dwelling units proposed. Land/lots that are undevelopable because of other laws and ordinances that prohibit development in certain areas (e. g. floodplains, wetlands, steep slopes, and drainage ways) or due to unavailability of proper services (unable to support public facilities (sewer/water) shall be excluded from the development yield analysis, however, some undevelopable lands may be allowed as easements on lots within the Development Yield Analysis as long as build able area is found on each parcel depicted and Planning Commission allows. The developer must demonstrate that each lot in the yield analysis would be able to be supported as a viable residential lot producing any mechanisms necessary that the Planning Commission may request to make this determination. The base development density for an EA Exclusive Agriculture or A Agricultural zoned lot is based upon a rate of at least 120,000 square feet per lot. The base development density for any other piece of land is based on the existing minimum zoning requirements OR the minimum Comprehensive Plan density requirements, whichever is stricter. All parcels shown in a developer’s yield analysis must demonstrate that each parcel could actually be developed on the site proposed. Thus, each yield parcel must show that adequate water, sewer, stormwater management, and buildable area are present and attainable to the Planning Commission. 3. Site analysis and concept plan. Using the inventory provided in section 18.31(3)(k)(1) above, the development yield analysis provided in section 18.31(3)(i)(2) above, and applying the design standards specified in section 4 of this ordinance, the subdivider shall submit a concept plan including at least the following information at a scale of no less than one inch = 50 feet: a. Open space areas indicating which areas are to remain undeveloped, agricultural in perpetuity, and/or trail locations. b. Boundaries of areas to be developed and proposed general street and lot layout. c. Number and type (i. e., single- family, multi- family) of housing units proposed. d. Proposed methods for and location of water supply, stormwater management (e. g., best management practices), and sewage treatment. e. Inventory of preserved and disturbed natural features and prominent views. f. Preliminary development pads showing areas for lawns, pavement, buildings, and grading. g. Proposed methods for ownership and management of open space. h. Calculations showing the appropriate amount of open space preservation for a Conservation Subdivision (60%). a. A proposed land division in the –CP zoning district that wishes to divide only a portion of parcel while allowing the remaining parent parcel to be reserved for future conservation preservation design standards may only do so by the approval of a Conditional Use Grant that runs with the divided lands. The developer must demonstrate to the Planning Commission the future development of the parent parcels. An approved conditional use grant allowing such a land division shall demonstrate that any future land division of the parcel(s) shall be consistent with the Conservation Preservation Land Division procedures in Chapter 18 of the City of Muskego Municipal Code. A yield plan and concept plan must show how the parcel may be divided in the future to meet the City Conservation Preservation Land Division procedures. The developer will have to receive approval of a conditional use grant, that runs with the lands, and requires that future development of the parent parcels is restricted to the yield analysis and concept plans that were approved along with the minor land division in order to ensure that the principles of the adopted Comprehensive Plan is followed in relation to Conservation Preservation Subdivisions. 4. General location map. The subdivider shall submit a map showing the general outlines of existing buildings, land use, and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of no less than 1 inch: 400 feet. 5. A Management Plan for the restoration and long-term care of open space areas and agricultural lands in perpetuity if applicable. Section 18: 18.81(1) change relating to what constitutes receiving bonus parcels: 1. The development yield analysis in section 18:31(3)(l) shall establish the base development yield for the parcel. The base development density may be increased at Planning Commission and Common Council discretion that the overall layout fits with the proposed theme and spirit of the ordinance, to the allowed number of bonus parcels per Sub. 2 below, if the development demonstrates it is adequately applying some of some of the following guidelines in some way. Reasons for allowing any bonus parcels shall be stipulated in City approving resolutions/ordinances, as bonus lots are not guaranteed. i. Providing for access by the general public to trails, parks, or other recreational facilities. ii. When practical, reusing existing buildings and structures which incorporate rural or agrarian themes, including but not limited to those sites inventoried by the State Historical Society of Wisconsin. iii. 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. iv. Restores native prairie and provides a management plan for perpetual maintenance. v. 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. vi. Restores or enhances the functional classification of wetlands using techniques approved by the USDA-NRCS, Wisconsin Department of Natural Resources, or the Conservation Coordinator. Enhancement techniques may be performed by third parties (i.e. City, DNR, etc.). vii. 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.). viii. Provides for preserving larger tracts of agricultural workable land in perpetuity and provides a management plan for perpetual maintenance. ix. 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. Section 18: 18.81(2) change: For parcels less than forty (40) eighty (80) acres in area, the maximum bonus permitted is the greater of three (3) four (4) parcels or 15% of the base development density. For parcels between forty (40) and eighty (80) acres in area, the maximum bonus permitted is five (5) parcels. For parcels eighty (80) acres or greater in area, the maximum bonus permitted is the greater of six (6)four (4) parcels or 20% of the base development density. All development yield bonuses shall be calculated to the nearest one-hundredth. In cases where the total combined development yield bonus results in a fraction, all such fractions shall be rounded up to the next whole number. All parcels shown in a developer’s yield analysis must demonstrate that each parcel could actually be developed on the site proposed. Thus, each yield parcel must show that adequate water, sewer, stormwater management, and buildable area is present and attainable to the Planning Commission. The base development density for an EA Exclusive Agriculture or A Agricultural zoned lot is based upon a rate of at least 120,000 square feet per lot (300 feet in width). The base development density for any other piece of land is based on the existing minimum zoning requirements OR the minimum Comprehensive Plan density requirements, whichever is stricter. All parcels shown in a developer’s yield analysis must demonstrate that each parcel could actually be developed on the site proposed. Thus, each yield parcel must show that adequate water, sewer, stormwater management, and buildable area are present and attainable to the Planning Commission.