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.
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.
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]
[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]
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]
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.
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.
(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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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:
B.
Dates of adoption and ordinance/resolution numbers:
C.
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.
[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.
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.
[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.)
