PCR2009030a
AMENDED
RESOLUTION #P.C. 028030-2009
RECOMMENDATION TO COMMON COUNCIL TO REPEAL AND RECREATE CHAPTERS 17 & 18 OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
WHEREAS, Chapter 17 regulates the City Zoning and Chapter 18 regulates land division regulations within the
City of Muskego, and
WHEREAS, As part of the adoption of the City’s Comprehensive Plan, various changes to the above referenced
codes are required, and
WHEREAS, The City of Muskego is adopting a new 2020 Comprehensive Plan, which requires code changes to
the above referenced codes and the amendments are related to the use of Conservation Preservation land
divisions in certain areas noted in the new 2020 Comprehensive Plan and some changes noted are in relation to
the new naming of the Community Development Department and associated job titles, and
WHEREAS, The Chapter 17 Zoning Code changes are more specific to the following: Sections 2.01, 2.03, 2.04,
2.05, 2.06, 2.07, 3.01, 3.02, 4.02, 4.03, 5.02, 5.11, 7.07, 8.01, 8.12, 8.13, 8.14, 8.20, 8.21, 8.22, 8.23, 8.24, 8.25,
8.26, 8.27, 8.28, 8.29, 8.30, 8.31, 8.32, 8.37, 8.38, 8.39, 10.01, 10.02, 10.04, 11.02, 12.05, 14.02, 15.02, 16.01,
16.04, 16.07, 16.17, 22.02, 23.02, 23.03, and
WHEREAS, The Chapter 18 Land Division Code changes are more specific to the following: Sections 18.03,
18.08, 18.10, 18.14, 18.20, 18.22, 18.25, 18.26, 18.30, 18.31, 18.32, 18.33, 18.34, 18.35, 18.40, 18.45, 18.50,
18.51, 18.52, 18.53, 18.54, 18.56, 18.59, 18.60, 18.70, 18.72, 18.73, 18.74, 18.75, 18.76, 18.80, 18.81,18.82,
18.90, 18.91, 18.92, 18.93, 18.94, 18.99, 18.100, 18.102, 18.103, 18.104, 18.105, & 18.106, and
WHEREAS, A public hearing took place to consider the amendments on March 10, 2009.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapter 18 of
the Municipal Code relating to dedication fees to the Common Council.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the changes to Chapters 17 and 18 of the
Municipal Code dependent that language regarding the Conservation Preservation Zoning District is removed and
any language pertaining to making Conservation Subdivision mandatory is removed.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the changes to Chapters 17 and 18
of the Municipal Code dependent that the proposed ordinance includes language that makes the
conservation subdivisions more desirable including the following:
1. That the open space requirement is reduced from 60% to 50%.
2. That the bonus parcel allowances change from 3 parcels for developments less than 80 acres and
4 parcels for developments over 80 acres to: For parcels less than forty (40) acres in area, the
maximum bonus permitted is four (4) parcels. 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 six (6) parcels.
3. That the qualifiers for a developer to attain bonus lots, when proposing a Conservation
Subdivision, should change as follows:
18.81(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 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 buildable areas; Open, buildable land may be counted as
more meaningful preservation for purposes of awarding bonus lots.
Plan Commission
City of Muskego
Adopted: May 5, 2009
Defeated:
Deferred: April 7, 2009
Introduced: April 7, 2009
ATTEST: Kellie McMullen, Recording Secretary