Muskego City Zoning Code
ARTICLE X
Conservation Planned Development Districts
§ 400-132 Purpose and intent; applicability.
A.
This district is intended to allow for residential development in clusters and groupings in a rural or semi-rural setting. To this intent it allows reduced parcel sizes while maintaining the densities permitted by the Comprehensive Plan and underlying zoning, except where bonuses may be granted in consideration of special conservation measures. It is further intended to encourage more rational and economic development with relationship to public services and to encourage the preservation of open land.
B.
Permitted. The unified and planned development of a site, in single or corporate ownership at the time of development, may be permitted in a CPD Conservation Planned Development Overlay District, without the customary division into individual lots, or without specific compliance with the district regulations as applicable to individual lots, subject to the regulations as hereinafter provided in this article.
C.
Note: This article applies to areas requested to be rezoned to a CPD Conservation Planned Development District and those existing CPD Conservation Planned Development Districts.
§ 400-133 District requirements.
A.
Size allowed. For the purpose of this chapter, all conservation planned development projects shall require a minimum open space of 50% of the gross acreage. (Rights-of-way shall not count towards open space requirements. Stormwater outlots may count towards open space requirements, subject to Plan Commission approval, when they are subject to deed restrictions, easements or open space management plans.)
B.
Basic regulations.
(1)
Lot size.
(a)
Minimum lot area: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
(b)
Minimum average lot width: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
(2)
Density. Lot area per dwelling unit: __.
(3)
Building location.
(a)
Minimum setback: along any boundary line no less than 50 feet unless otherwise modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
(b)
One side offset: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
(c)
All other sides offset: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
(4)
Building size.
(a)
Minimum floor area:
[1]
First floor: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
[2]
Total: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
[3]
Per dwelling unit multifamily: n/a.
(b)
Floor area ratio: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
(5)
Open space. Minimum open space per residential dwelling unit: open space must be at least 50% of the gross acreage of the development and each private lot must maintain at least 75% open space.
(6)
Height. Maximum height:
(a)
Principal structure: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
(b)
Accessory structure: per zoning district that developer is basing development plans upon unless modified by the Plan Commission to comply with the spirit and intent of this chapter and finding that a change would not be contrary to the general welfare and economic prosperity of the City and the immediate neighborhood.
C.
Permitted uses by right.
(1)
Single-family residential related uses (no multifamily residential related uses).
(2)
Any use as permitted in the underlying basic district.
D.
Permitted accessory uses. Any accessory use permitted in the underlying basic district.
E.
Permitted uses by conditional grant. Any conditional use permitted in the underlying basic district.
F.
Application of regulations.
(1)
Uses and structures. Individual uses and structures in a conservation planned development project need not comply with the specific building location, height, building size, lot size, and open space requirements of the underlying basic district, provided that the spirit and intent of such requirements are complied with in the total development plan for such project consistent with the criteria as established in Subsection F(3) below.
(2)
Applicable underlying zoning districts. The CPD Conservation Planned Development District may be applied to any district allowing residential uses.
(3)
Density and density bonuses. The number of residential units for a CPD shall be determined in accordance with the following:
(a)
The development yield analysis required by § 392-22D(2) of Chapter 392, Land Division, of the City Code shall establish the base development density for the parcel. The base development density may be increased at Plan Commission and Common Council discretion, provided that the overall layout fits with the proposed theme and spirit of this chapter, to the allowed number of bonus parcels per Subsection F(3)(b) below, if the development demonstrates that 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.
[1]
Providing for access by the general public to trails, parks, or other recreational facilities.
[2]
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.
[3]
Preservation of environmental features identified in the adopted Parks and Conservation Plan and any other significant environmental features found in the platted area. Preservation may include a minimum fifty-foot to seventy-five-foot setback from the environmental features identified.
[4]
Restores native prairie and provides a management plan for perpetual maintenance.
[5]
Improves water quality through stormwater management standards and practices that exceed the minimum standards of Chapter 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety Committee.
[6]
Restores or enhances the functional classification of wetlands using techniques approved by the United States Department of Agriculture Natural Resources Conservation Service, Wisconsin Department of Natural Resources, or the Conservation Coordinator. Enhancement techniques may be performed by third parties (i.e., City, DNR, etc.).
[7]
Provides 50% or more 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 Plan Commission approval, when they are subject to deed restrictions, easements, or open space management plans.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[8]
Provides for preserving larger tracts of agricultural workable land in perpetuity and provides a management plan for perpetual maintenance.
[9]
As opposed to wetlands or other nonbuildable areas, open, buildable land may be counted as more meaningful preservation for purposes of awarding bonus lots.
(b)
For parcels less than 40 acres in area, the maximum bonus permitted is four parcels. For parcels between 40 and 80 acres in area, the maximum bonus permitted is five parcels. For parcels 80 acres or greater in area, the maximum bonus permitted is six parcels. 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.
[1]
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 Plan Commission.
[2]
The base development density for an A-1 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
§ 400-134 Application procedure.
A.
Petition. Petition may be made to the Common Council, by the owner or agent of property proposed for such development, to amend the Zoning Map by the overlaying of a CPD District in order to permit the application of the provisions of this article to such development. Such petition shall be accompanied by a fee, as from time to time established by resolution of the Common Council, and the following information:
(1)
A statement describing the general character of intended development along with such other pertinent information as may be necessary to a determination that the contemplated arrangement or use makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this chapter.
(2)
A general development plan of the project consisting of a detailed site analysis as required by § 392-22C(10) of Chapter 392, Land Division, of the City Code.
B.
Referral to Plan Commission. Such petition shall be referred to the Plan Commission and processed as any other petition for zoning change. Upon completion of necessary study and investigation the Plan Commission shall make its recommendation to the Common Council as to the appropriateness and desirability of the proposed zoning change, the suitability of the building, site and development plans, and any additional conditions which it may feel necessary or appropriate. The Plan Commission can make its recommendation before or after the scheduled public hearing date.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C.
Public hearing. Upon receipt of the submittal the Common Council shall cause a public hearing to be held pursuant to Article II of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Where a proposed development includes uses permitted only as conditional grants pursuant to Article XIV, compliance with the procedural and general requirements set forth as the basis for approval under this article shall supplant the requirement for separate processing of a petition for conditional use grant pursuant to Article XIV.
E.
At the time the CPD planned unit development is presented to the City Plan Commission for final approval, the developer shall pay to the City the costs incurred by the City for planning and engineering fees, including but not limited to costs for checking plans, field checking and consultations.
§ 400-135 Determination; basis for approval.
A.
Basis for approval. The Plan Commission in making its recommendations and the Common Council in making its determination shall give consideration and satisfy themselves as to the following:
(1)
That the proponents of the proposed development have demonstrated that they intend to start construction within a reasonable period following the approval of the project and requested overlay of the CPD District, that the project appears economically sound, that adequate financing is possible, and that the development will be carried out according to a reasonable construction schedule satisfactory to the City.
(2)
That the proposed development is consistent in all respects with the spirit and intent of this chapter, is in conformity with the general plans for community development, and would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justify the variation from the normal requirements of this chapter through the application of the CPD Conservation Planned Development Overlay District.
(3)
That such development will create an attractive residential environment of sustained desirability and economic stability, compatible with the character established for the area by the community Comprehensive Plan, and where the economic impact of the development in terms of income levels, property values, and service demands is at least as beneficial to the community as that which could be anticipated under the base zoning.
(4)
The population composition of the development will not alter adversely the impact upon school or other municipal service requirements as anticipated under the existing basic zoning and Comprehensive Plan.
(5)
That the project will not create traffic or parking demand incompatible with that anticipated under the Comprehensive Plan.
(6)
That the total average residential density of the project will be compatible with the Comprehensive Plan, except as may be modified by this article.
(7)
That the aggregate open space of the development will be no less than would have resulted from the application of open space requirements of the underlying districts.
(8)
That adequate guarantee is provided for permanent retention as "open space area" of the residual open land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to the public.
(9)
In the case of a CPD Conservation Planned Development District, preservation of the open space area shall be guaranteed and shall be protected against building and development by one of the methods identified in § 392-56E of Chapter 392, Land Division.
(10)
The care and maintenance of such open space reservations shall be ensured either by establishment of an appropriate management organization for the project or by agreement with the municipality for establishment of a special service district for the project area where the municipality shall provide the necessary maintenance service and levy the cost thereof as a special assessment on the tax bills of properties within the project area. In any case the Common Council shall have the right to carry out and levy an assessment for the cost of any maintenance which it feels necessary if it is not otherwise taken care of to the satisfaction of the Common Council. The manner of assuring maintenance and assessing such cost to individual properties shall be determined prior to the approval of the final project plans and shall be included in the title to each property.
(11)
Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the municipality and made a part of the conditions of the plan approval.
B.
Determination.
(1)
The Common Council after due consideration may deny the petition, approve the petition as submitted or approve the petition subject to additional conditions.
(2)
The approval of a petition and consequent amending of the Zoning Map by overlay of the CPD District shall be based on and include as conditions thereto the building, site and operation (BSO) plans for the development as well as all other commitments offered or required with regard to project value, character or other factor pertinent to assuring that the project will be developed basically as presented in the official submittal plans as approved by the Common Council and shall be mapped and recorded as provided for conditional uses under Article XIV of this chapter. Such plans, however, need not necessarily be completely detailed at the time of overlay zoning, provided that they are of sufficient detail to satisfy the Plan Commission and Common Council as to the general character, scope, and appearance of the proposed development. Such preliminary plan shall at least designate the pattern of proposed streets, the basic pattern of land use, and the size and arrangement of lots and illustrate a "typical" example of the development proposed. The approval of such preliminary plan shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as the development progresses.
(3)
Any subsequent change or addition to the plans or use shall first be submitted for approval to the Common Council, and if in the opinion of the Common Council upon recommendation of the Plan Commission such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Common Council shall be required and notice thereof given pursuant to Article II of this chapter.
(4)
The provisions of Article XIV governing termination of the conditional grant shall apply to such group project development.
(5)
Application for a planned development. In order to fulfill the requirements of the planned development provisions, the City Public Works and Development Department may utilize additional policies and procedures along with required checklists, letters of intent, necessary inspections, follow-ups, bonding requirements, and other legal assurances that the provisions of planned development are carried out systematically and on a uniform basis.
§ 400-136 Approved districts and requirements.
A.
Approved Conservation Planned Development Districts shall be found below in this article and shall state the development requirements and parameters as approved by the Common Council.
B.
The actual text description outlining the parameters for each conservation planned development shall be approved with the rezoning ordinance if all are known. Zoning Code text descriptions may be approved at a later time with the final plat and/or developer's agreement by resolution of the Common Council if needed in order to account for all aspects and parameters of an individual planned development. (Note: When a rezoning of a CPD is approved before the final plat and developer's agreement approvals for a development, the rezoning ordinance will state that "The ordinance is in full force and effect from and after passage and publication subject to approval of the final plat, subdivider's agreement and the Zoning Ordinance language that specifically outlines the parameters of the CPD.") The language that outlines the specifics of the PD will be passed by resolution of the Common Council concurrent with the final plat and developer's agreement approvals.
C.
Amendments to existing CPD text descriptions shall be approved by ordinance of the Common Council concurrent with the determination of nonsubstantial change resolutions.
§ 400-137 CPD-1 Martin Estates.
A.
The Martin Estates Subdivision is a conservation development consisting of 16 single-family lots and two outlots on 50.33 acres of land. The subdivision utilizes the base zoning of RCE/CPD Residential Country Estate District with Conservation Planned Development Overlay District, which generally allows parcels of a maximum 60,000 square feet and a maximum of 150 feet in width (both of which vary depending on lot layout and subject to Common Council approval). The density for Martin Estates meets the Comprehensive Plan objective of low-density residential consistent with the RCE Zoning District. Overall, Martin Estates preserves approximately 50% open space exclusive of the proposed roadways.
(1)
Two outlots were proposed as part of the development with one being utilized for stormwater management. The stormwater outlot is owned by the Martin Estates Homeowners' Association. The conservation outlot will be maintained by the City of Muskego as lands within this outlot are identified as priority management areas within the City's adopted Parks and Conservation Plan.
(2)
The development is of sufficient size to allow three bonus lots subject to Common Council approval and subject to completing one conservation measure per bonus lot requested. Martin Estates requested three bonus lots above the original density that was allowed under the previous zoning (previous zoning was RCE Residential Country Estate, which allowed 13 lots under the approved yield plan as per Plan Commission Resolution No. 079-2001 with the possibility of three bonus lots). Four measures were actually completed as part of Martin Estates bonus lots and they are as follows:
(a)
Preservation of environmental features identified in the adopted Parks and Conservation Plan.
(b)
Restores native prairie and provides a management plan for perpetual maintenance.
(c)
Improves water quality through stormwater management practices which exceed the minimum standards of Chapter 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety Committee.
(d)
Provides a seventy-five-foot setback and natural buffer to natural features identified in the Parks and Conservation Plan.
B.
Dates of adoption and ordinance/resolution numbers:
(1)
Plan Commission rezoning approval: 2-5-2002 per Resolution No. 011-2002.
(2)
Common Council rezoning approval: 2-26-2002 per Ordinance No. 1092.
(3)
Plan Commission final plat approval: 2-5-2002 per Resolution No. 011-2002.
(4)
Common Council final plat approval: 2-26-2002 per Resolution No. 034-2002.
C.
Basic regulations.
(1)
Lot size.
(a)
Maximum lot area: 60,000 square feet, subject to Council approval.
(b)
Maximum average lot width: 150 feet, subject to Council approval.
(2)
Density. Dwelling units per acre: 0.32.
(3)
Building location.
(a)
Minimum setback: 50 feet.
(b)
Side yard offset: 25 feet.
(c)
Rear offset: 25 feet.
(4)
Building size.
(a)
Minimum floor area:
[1]
First floor: 1,200 square feet.
[2]
Total: 2,500 square feet.
[3]
Per dwelling unit multifamily: n/a.
(b)
Floor area ratio: 25%.
(5)
Open space. Minimum open space per residential dwelling unit: 75%.
(6)
Height. Maximum height:
(a)
Principal structure: 30 feet.
(b)
Accessory structure: see Article XV.
D.
Permitted uses by right. Any use as permitted in the RCE District subject to zoning substantial change hearings if required.
E.
Permitted accessory uses. Any accessory use permitted in the RCE District subject to zoning substantial change hearings if required.
F.
Permitted uses by conditional grant. Any conditional use permitted in the RCE District subject to zoning substantial change hearings if required.
§ 400-138 CPD-2 Chamberlain Hill.
A.
The Chamberlain Hill Subdivision is a conservation development consisting of 29 single-family lots and three outlots on 29.52 acres of land. The subdivision utilizes the base zoning of RSE/CPD Suburban Estate District with Conservation Planned Development Overlay District, which generally allows parcels of a maximum 20,000 square feet 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 Chamberlain Hill meets the Comprehensive Plan objective of low-density residential consistent with the RSE Zoning District. Overall, Chamberlain Hill preserves approximately 52.8% open space exclusive of the proposed roadways.
(1)
Three outlots were proposed as part of the development with one being utilized for stormwater management and two for conservation land protection. The stormwater outlot is owned by the Chamberlain Hill Homeowners' Association. The larger conservation outlot will be maintained by the City of Muskego as lands within this outlot are identified as priority management areas within the City's adopted Parks and Conservation Plan. The other outlot for conservation is maintained by the Chamberlain Hill Homeowners' Association.
(2)
The development is of sufficient size to allow bonus lots subject to Common Council approval and subject to completing conservation measures if bonus lots are requested. Chamberlain Hill requested bonus lots above the original density that was allowed under the previous zoning (previous zoning was RSE Suburban Estate District, which allowed 25 lots under the approved yield plan as per Plan Commission Resolution No. 044-2002). Three measures were actually completed as part of Chamberlain Hill's bonus lots and they are as follows:
(a)
Preservation of environmental features identified in the adopted Parks and Conservation Plan.
(b)
Restores native prairie and provides a management plan for perpetual maintenance.
(c)
Improves water quality through stormwater management standards and practices which exceed the minimum standards of Chapter 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety Committee.
B.
Dates of adoption and ordinance/resolution numbers:
(1)
Plan Commission rezoning approval: 11-5-2002 per Resolution No. 137-2002.
(2)
Common Council rezoning approval: 8-13-2002 per Ordinance No. 1112.
(3)
Plan Commission final plat approval: 11-5-2002 per Resolution No. 137-2002.
(4)
Common Council final plat approval: 3-11-2003 per Resolution No. 044-2003.
C.
Basic regulations.
(1)
Lot size.
(a)
Maximum lot area: 20,000 square feet, subject to Council approval.
(b)
Maximum average lot width: 100 feet, subject to Council approval.
(2)
Density. Dwelling units per acre: one.
(3)
Building location.
(a)
Minimum setback: 40 feet.
(b)
Side yard offset: 10/15 feet.
(c)
Rear offset: 20 feet.
(4)
Building size.
(a)
Minimum floor area:
[1]
First floor: 2,000 square feet.
[2]
Total: 2,200 square feet.
[3]
Per dwelling unit multifamily: n/a.
(b)
Floor area ratio: 25%.
(5)
Open space. Minimum open space per residential dwelling unit: 75%.
(6)
Height. Maximum height:
(a)
Principal structure: 30 feet.
(b)
Accessory structure: see Article XV.
D.
Permitted uses by right. Any use as permitted in the RCE District subject to zoning substantial change hearings if required.
E.
Permitted accessory uses. Any accessory use permitted in the RCE District subject to zoning substantial change hearings if required.
F.
Permitted uses by conditional grant. Any conditional use permitted in the RCE District subject to zoning substantial change hearings if required.
§ 400-139 CPD-3 Big Muskego Estates II.
A.
The Big Muskego Estates II Subdivision is a conservation development consisting of 34 single-family lots and two outlots on 38 acres of land. The subdivision utilizes the base zoning of RSE/CPD Suburban Estate District with Conservation Planned Development Overlay District, which generally allows parcels of 20,000 square feet maximum 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 Big Muskego Estates II meets the Comprehensive Plan objective of low-density residential consistent with the RSE Zoning District. Overall, Big Muskego Estates II preserves approximately 56% open space exclusive of the proposed roadways.
(1)
Two outlots were proposed as part of the development with one being utilized for stormwater management. The stormwater outlot is owned by the Big Muskego Estates II Homeowners' Association. The conservation outlot will be maintained by the City of Muskego as lands within this outlot are identified as priority management areas within the City's adopted Parks and Conservation Plan.
(2)
The development is of sufficient size to allow four bonus lots subject to Common Council approval (due to using lands from the original Big Muskego Estates Subdivision) and subject to completing one conservation measure per bonus lot requested. Big Muskego Estates II requested four bonus lots above the original density that was allowed under the previous zoning (previous zoning was RSE Suburban Estate District, which allowed 30 lots under the approved yield plan as per Plan Commission Resolution No. 103-2002 with the possibility of four bonus lots). Four measures were actually completed as part of Big Muskego Estates II's bonus lots and they are as follows:
(a)
Preservation of environmental features identified in the adopted Parks and Conservation Plan.
(b)
Restores native prairie and provides a management plan for perpetual maintenance.
(c)
Improves water quality through stormwater management standards and practices which exceed the minimum standards of Chapter 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety Committee.
(d)
Enhances the functional classification of wetlands using techniques approved by the Wisconsin Department of Natural Resources, the City Engineer, and the Public Works and Safety Committee.
B.
Dates of adoption and ordinance/resolution numbers:
(1)
Plan Commission rezoning approval: 11-5-2002 per Resolution No. 135-2002.
(2)
Common Council rezoning approval: 12-10-2002 per Ordinance No. 1124.
(3)
Plan Commission final plat approval: 6-1-2004 per Resolution No. 059-2004.
(4)
Common Council final plat approval: 9-28-2004 per Resolution No. 148-2004.
C.
Basic regulations.
(1)
Lot size.
(a)
Maximum lot area: 20,000 square feet, subject to Council approval.
(b)
Maximum average lot width: 100 feet, subject to Council approval.
(2)
Density. Dwelling units per acre: 0.89.
(3)
Building location.
(a)
Minimum setback: 35 feet.
(b)
Side yard offsets: 10/15 feet.
(c)
Rear offset: 15 feet.
(4)
Building size.
(a)
Minimum floor area:
[1]
First floor: 1,200-1,900 square feet.
[2]
Total: 1,900-2,300 square feet.
[3]
Per dwelling unit multifamily: n/a.
(b)
Floor area ratio: 25%.
(5)
Open space. Minimum open space per residential dwelling unit: 75%.
(6)
Height. Maximum height:
(a)
Principal structure: 30 feet.
(b)
Accessory structure: see Article XV.
D.
Permitted uses by right. Any use as permitted in the RCE District subject to zoning substantial change hearings if required.
E.
Permitted accessory uses. Any accessory use permitted in the RCE District subject to zoning substantial change hearings if required.
F.
Permitted uses by conditional grant. Any conditional use permitted in the RCE District subject to zoning substantial change hearings if required.
§ 400-140 CPD-4 Boxhorn Reserve.
A.
The Boxhorn Reserve Subdivision is a conservation development consisting of 19 single-family lots and two outlots on 20.54 acres of land. The subdivision utilizes the base zoning of RSE/CPD Suburban Estate District with Conservation Planned Development Overlay District, which generally allows parcels of 20,000 square feet 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 Boxhorn Reserve meets the Comprehensive Plan objective of low-density residential consistent with the RSE Zoning District. Overall, Boxhorn Reserve preserves approximately 52.8% open space exclusive of the proposed roadways.
(1)
Two outlots were proposed as part of the development with one being utilized for stormwater management and the other being dedicated to the City of Muskego for conservation purposes. The stormwater outlot is owned by the Boxhorn Reserve Homeowners' Association and is being enhanced with prairie plantings. The conservation outlot will be maintained by the City of Muskego as lands within this outlot are identified as priority management areas within the City's adopted Parks and Conservation Plan.
(2)
The development is of sufficient size to allow three bonus lots subject to Common Council approval and subject to completing one conservation measure per bonus lot requested. Boxhorn Reserve requested three bonus lots above the original density that was allowed under the previous zoning (previous zoning was R-2 Country Home District, R-3 Country Home District, and RS-2 Suburban Residence District, which allowed 16 lots under the approved yield plan as per Plan Commission Resolution No. 052-2002 with the possibility of three bonus lots). Four measures were actually completed as part of Boxhorn Reserve's bonus lots and they are as follows:
(a)
Providing for access by the general public to trails, parks, or other recreational facilities, excluding golf courses.
(b)
Preservation of environmental features identified in the adopted Parks and Conservation Plan.
(c)
Restores native prairie and provides a management plan for perpetual maintenance.
(d)
Improves water quality through stormwater management standards and practices which exceed the minimum standards of Chapter 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety Committee.
B.
Dates of adoption and ordinance/resolution numbers:
(1)
Plan Commission rezoning approval: 2-1-2005 per Resolution No. 013-2005.
(2)
Common Council rezoning approval: 2-8-2005 per Ordinance No. 1188.
(3)
Plan Commission final plat approval: 2-1-2005 per Resolution No. 122-2004.
(4)
Common Council final plat approval: 3-8-2005 per Resolution No. 053-2005.
C.
Basic regulations.
(1)
Lot size.
(a)
Maximum lot area: 20,000 square feet, subject to Council approval.
(b)
Maximum average lot width: 100 feet.
(2)
Density. Dwelling units per acre: 0.5-0.79.
(3)
Building location.
(a)
Minimum setback: 30 feet.
(b)
Side yard offset: 10 feet.
(c)
Rear offset: 25 feet.
(4)
Building size.
(a)
Minimum floor area:
[1]
First floor: 1,800 square feet.
[2]
Total: 1,800 square feet.
[3]
Per dwelling unit multifamily: n/a.
(b)
Floor area ratio: 25%.
(5)
Open space. Minimum open space per residential dwelling unit: 75%.
(6)
Height. Maximum height:
(a)
Principal structure: 30 feet.
(b)
Accessory structure: see Article XV.
D.
Permitted uses by right. Any use as permitted in the RCE District subject to zoning substantial change hearings if required.
E.
Permitted accessory uses. Any accessory use permitted in the RCE District subject to zoning substantial change hearings if required.
F.
Permitted uses by conditional grant. Any conditional use permitted in the RCE District subject to zoning substantial change hearings if required.
§ 400-141 CPD-5 Denoon Country Estates North.
A.
The Denoon Country Estates North Subdivision is a conservation development consisting of 10 single-family lots and two outlots on 23.91 acres of land. The subdivision utilizes the base zoning of RCE/CPD Country Estate District with Conservation Planned Development Overlay District, which generally allows parcels of 60,000 square feet maximum size and a maximum of 150 feet in width (both of which vary depending on lot layout and subject to Common Council approval). The density for the Denoon Country Estates North Subdivision meets the Comprehensive Plan objective of low-density residential consistent with the RCE Zoning District. Overall, the Denoon Country Estates North Subdivision preserves approximately 65% open space exclusive of the proposed roadways.[1]
(1)
Two outlots were proposed as part of the development with one being utilized for stormwater management and the other being dedicated to the City of Muskego for conservation purposes. The stormwater outlot is owned by the subdivision homeowners' association and is being enhanced with prairie plantings. The conservation outlot will also be maintained by the homeowners' association and will be managed under a recorded open space management plan due to having lands identified as medium acquisition priority areas within the City's adopted Parks and Conservation Plan.
(2)
The development is of sufficient size to allow three bonus lots subject to Common Council approval and subject to completing one conservation measure per bonus lot requested. Denoon Country Estates North requested three bonus lots above the original density that was allowed under the previous zoning (previous zoning was A Agricultural District, which allowed seven lots under the approved yield plan as per Plan Commission Resolution No. 103-2005 with the possibility of three bonus lots). Three measures were actually completed as part of the Denoon Country Estates North Subdivision's bonus lots and they are as follows:
(a)
Preservation of environmental features identified in the adopted Parks and Conservation Plan.
(b)
Restores native prairie and provides a management plan for perpetual maintenance.
(c)
Improves water quality through stormwater management standards and practices which exceed the minimum standards of Chapter 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety Committee.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
Dates of adoption and ordinance/resolution numbers:
(1)
Plan Commission rezoning approval: 9-20-2005 per Resolution No. 103-2005.
(2)
Common Council rezoning approval: 9-27-2005 per Ordinance No. 1201.
(3)
Plan Commission final plat approval: 7-18-2006 per Resolution No. 022-2006.
(4)
Common Council final plat approval.
C.
Basic regulations.
(1)
Lot size.
(a)
Maximum lot area: 60,000 square feet, subject to Council approval.
(b)
Maximum average lot width: 150 feet.
(2)
Density. Dwelling unit per acre: __.
(3)
Building location.
(a)
Minimum setback: __.
(b)
Side yard offset: __.
(c)
Rear offset: __.
(4)
Building size.
(a)
Minimum floor area:
[1]
First floor: __.
[2]
Total: __.
[3]
Per dwelling unit multifamily: n/a.
(b)
Floor area ratio: 25%.
(5)
Open space. Minimum open space per residential dwelling unit: 75%.
(6)
Height. Maximum height:
(a)
Principal structure: 30 feet.
(b)
Accessory structure: see Article XV.
D.
Permitted uses by right. Any use as permitted in the RCE District subject to zoning substantial change hearings if required.
E.
Permitted accessory uses. Any accessory use permitted in the RCE District subject to zoning substantial change hearings if required.
F.
Permitted uses by conditional grant. Any conditional use permitted in the RCE District subject to zoning substantial change hearings if required.
§ 400-141.1 CPD-6 Edgewater Heights.
[Added 4-21-2016 by Ord. No. 1404]
A.
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 15,000 square feet 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.
(1)
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 Homeowners' Association. The conservation outlots will be maintained by the Edgewater Heights Homeowners' Association.
(2)
The development is of sufficient size to allow up to five bonus lots subject to Common Council approval and the development is approved allowing three 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 Parks and Conservation Plan and any other significant environmental features found in the platted area. Preservation may include a minimum fifty- to seventy-five-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 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety 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 Plan Commission discretion/approval, when they are subject to deed restrictions, easements or open space management plans.)
(f)
As opposed to wetlands or other nonbuildable areas, open, buildable land may be counted as more meaningful preservation for purposes of awarding bonus lots.
B.
Dates of adoption and ordinance/resolution numbers.
(1)
Plan Commission rezoning approval: 4-6-2016 per Resolution No. 023-2016.
(2)
Common Council rezoning approval: 4-12-2016 per Ordinance No. 1404.
(3)
Plan Commission preliminary plat approval: 5-3-2016 per Resolution No. 028-2016.
(4)
Common Council preliminary plat approval: 5-10-2016 per Resolution No. 035-2016.
(5)
Common Council developer's agreement approval: 8-23-2016 per Resolution No. 067-2016.
C.
Basic regulations.
(1)
Lot size.
(a)
Minimum lot area: 18,000 square feet.
(b)
Minimum average lot width: 100 feet.
(2)
Density. Dwelling unit per acre: 0.65.
(3)
Building location.
(a)
Minimum setback: 40 feet.
(b)
Side yards (one side): 10 feet.
(c)
Side yards (all other): 15 feet.
(4)
Building size.
(a)
Minimum floor area:
[1]
First floor: 1,200 square feet.
[2]
Total: 1,200 square feet.
(b)
Floor area ratio: 25%.
(5)
Open space. Minimum open space per residential dwelling unit: 75%.
(6)
Height. Maximum height:[1]
(a)
Principal structure: 30 feet.
(b)
Accessory structure: 15 feet.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Permitted uses by right. Any use as permitted in the RCE District subject to zoning substantial change hearings if required.
E.
Permitted accessory uses. Any accessory use permitted in the RCE District subject to zoning substantial change hearings if required.
F.
Permitted uses by conditional grant. Any conditional use permitted in the RCE District subject to zoning substantial change hearings if required.
§ 400-141.2 CPD-7 Waters of Lake Denoon.
[Added 5-23-2018 by Ord. No. 1416]
(Note: At the time of publication of the Code the City had not given its final approval for this development code text. Once all conditions are met and approval is given, complete text details of the planned development will be added. Ordinance No. 1416 is on file at the office of the City Clerk-Treasurer.)
