PCR20000160
RESOLUTION #P.C. 016-2000
RECOMMENDATION OF AMENDMENT TO SECTION 18.24(4) OF THE LAND
DIVISION ORDINANCE RELATING TO REQUIREMENTS FOR SUBDIVIDING
PARCELS IN THE OLS LAKESHORE OVERLAY AND OED EXISTING DEVELOPMENT
OVERLAY ZONING DISTRICTS
MREAS, The 2005 Comprehensive Land Use Plan depicts residential development on
Little Muskego Lake, Lake Denoon, and parts of Big Muskego Lake to occur at densities not
exceeding 2.9 dwelling units per acre, and
WHEREAS, The 2005 Comprehensive Land Use Plan depicts residential development in
older portions of the community which are proximate to Little Muskego Lake to occur at
densities not exceeding 2.9 dwelling units per acre, and
WHEREAS, Properties with lakeshore frontage are granted the rights associated with the
OLS Lakeshore Overlay district, which allows a one-third reduction in lot size and open space,
and which reduces setbacks, and
WHEREAS, Properties in older portions of the community, generally constructed prior to
1963 and proximate to Little Muskego Lake, are granted the rights associated with the OED
Existing Development Overlay district, which allows a one-quarter reduction in lot size and open
space, and which reduces setbacks, and
0 WHEREAS, The rights associated with the OLS and OED Overlay zoning districts were
created in order to grant legal-conforming status to parcels and structures which pre-date the
adoption of Muskego’s first zoning ordinance, and
WHEREAS, The rights associated with the OLS and OED Overlay zoning districts have
the effect of allowing new land divisions which can result in residential densities as high as 4.4
dwelling units per acre, and said densities are not in compliance with the adopted 2005
Comprehensive Plan, and
WHEREAS, On December 2, 1999 the Public Services Committee reviewed a possible
amendment to Section 18.24(4) of the Land Division Ordinance, which states,
“Within the OLS Lakeshore Overlay District and OED Existing Development Overlay
District, all lots created after [DATE] shall conform to the area and width requirements
of the underlying zoning district. ’’
and has recommended its adoption, and
WHEREAS, The Public Services Committee has forwarded the possible amendment to
the Plan Commission for review and consideration. and
WHEREAS, The Plan Commission finds it is desirous to preserve the rights associated
with pre-existing properties, and also finds it desirous to require new developments to comply
with the density requirements of the 2005 Comprehensive Plan,
Resolution PC 016-2000
Page 2
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
approval to the Common Council of the amendment to Section 18.24 (4) of the Land Division
Ordinance relating to requirements for subdividing parcels in the OLS Lakeshore Overlay and
OED Existing Development Overlay zoning districts
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: Januan, 4.2000
ATTEST. 4'iA
Sandi Asti, Recording Secretary