6:30 p.m. Mukwonago Municipal Building/Board Room, 440 River Crest Court

Transcription

1 Dated Village of Mukwonago REGULAR PLAN COMMISSION MEETING Notice of Meeting and Agenda Tuesday, January 10, 2017 Time: Place: 6:30 p.m. Mukwonago Municipal Building/Board Room, 440 River Crest Court 1. Call to Order 2. Roll Call 3. Approval of minutes for the December 13, 2016 regular meeting 4. New Business Discussion and Possible Action on the Following Items A. Recommendation to Village Board regarding annexation of property from the Town of Vernon requested by Robert Chandler for the property located on the south side of CTH ES at the intersection of CTH ES and Hidden Lakes Dr., known as VNT B. Preliminary review of change of zoning requested by the Village of Mukwonago for the property located on the west side of STH 83 across from Black Bear Blvd, known as MUKV , from R-10 (Multiple-family District) to B-3 (Community Business District) C. Preliminary review of amendments to Chapter 100 of the Municipal Code of the Village of Mukwonago (Zoning Code) pertaining to Residential Districts, Business Mixed Use, and Planned Unit Development standards as it relates to the implementation of the Amendment to Comprehensive Plan Adjournment It is possible that members of, and possibly a quorum of, members of other governmental bodies of the municipality may be in attendance at the above stated meeting to gather information. No action will be taken by any governmental body at the above stated meeting other than the governmental body specifically referred to above in this notice. Please note that, upon reasonable notice, efforts will be made to accommodate the needs of individuals with disabilities through appropriate aids and services. For additional information or to request this service, contact the Clerk s Office, 440 River Crest Court, (262) , Option 4.

2 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin December 13, 2016 Plan Commission Minutes Page 1 of 3 MINUTES OF THE REGULAR PLAN COMMISSION MEETING Wednesday December 13, 2016 Call to Order Chairperson Fred Winchowky called the meeting to order at 6:30 p.m. located in the Board Room of the Mukwonago Municipal Building, 440 River Crest Ct. Roll Call Commissioners present: Commissioner excused: Also present: Sterling Fairchild Robert Harley Mark Penzkover Ken Werner Fred Winchowky, Chairman John Meiners Joe Abruzzo Steven Braatz, Jr., Clerk-Treasurer Bruce Kaniewski, Village Planner Minutes Motion by Werner/Penzkover to approve the November 9, 2016 regular meeting minutes as presented carried. Public Hearing Conditional use permit requested by Robert Jadrnicek, Life Point Church, to allow for a church at the property located at 560 Bay View Road opened at 6:31 p.m. Applicant Presentation Robert Jadrnicek, Life Point Church, presented plans for the use of the existing building located at 560 Bay View Church. Life Point Church has been operating in this building for several years under a rental agreement. They will be buying this property. Nothing will change regarding the operation. Kaniewski mentioned that churches are a conditional use in the B-2 zoning district. Public Comments None. Public hearing closed at 6:35 p.m. Unfinished Business 511 Oakland Ave. Site Plan and Architectural Plan Review Kaniewski explained the original proposal was for a detached garage. Mr. Dorger appeared before the Board of Building and Zoning Appeals for a variance, and the Board postponed the decision to allow Mr. Dorger to seek alternatives. The new proposed plan is for an attached garage. Motion by Penzkover/Werner to recommend the Village approve the revised Site Plan and Architectural Plan Review requested by Douglas Dorger, Apex Development LLC, for the construction of an attached garage on the property located at 511 Oakland Ave., known as MUKV subject to the following conditions carried:

3 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin December 13, 2016 Plan Commission Minutes Page 2 of 3 1. Construction of the attached garage and the paved parking lot shall be subject to the plan dated November 28, 2016 prepared by Tim Anderson, Architect, and further subject to conditions of this approval. 2. The approval of the parking lot is based on a 15 foot street yard setback variance approved by the Board of Zoning and Building Appeals on October 27, Prior to issuance of a building permit for the attached garage, the following shall occur: a. Approval of a final site plan by the Zoning Administrator. The final site plan shall show elimination of the pavement in the southeast corner of the parking lot as shown on the November 28, 2016 plan and preservation of existing vegetation. b. Approval of a final landscape plan by the Zoning Administrator. c. Approval of a soil erosion control plan by the Supervisor of Inspections. d. Approval of the final building construction plan by the Supervisor of Inspections and the Fire Chief. e. Written documentation presented to the Zoning Administrator that the applicant for building permit is the property owner or has authority from the property owner to proceed with the project. 4. Prior to issuance of a final occupancy permit for the attached garage, the following shall occur: a. Completion of the attached garage in accordance with the approved plan and plans submitted for building permit. b. Removal from the property of all construction equipment and immobile vehicles located on the site as of December 14, 2016, and all other construction equipment and vehicles not needed for or associated with any on-site business in the principle building. c. Written documentation provided to the Zoning Administrator that all uses in the principle building conform to the list of allowable uses in the M-2 zoning district. d. Completion of the paved parking lot, including parking space stripping and the installation of handicapped parking space sign, in accordance with the approved final site plan. e. Completion of all site landscaping, in accordance the approved final landscaping plan. 5. A temporary occupancy permit may be issued for use of the attached garage before completion of all five items listed in Condition #4. However, final occupancy shall be issued no later than 120 days of issuance of temporary occupancy. New Business Life Point Church conditional use permit Motion by Penzkover/Werner to recommend the Village approve the conditional use permit requested by Robert Jadrnicek, Life Point Church, to allow for a church at the property located at 560 Bay View Road, known as MUKV subject to the following conditions carried: 1. A Conditional Use for Religious Assembly at 560 Bay View Road shall be granted solely to Life Point Church. 2. The church shall be operated in accordance with the Plan of Operation submitted with the Conditional Use application, dated November 8, No interior alterations of the building shall occur until receipt of a building permit from the Village of Mukwonago Inspection Department, and with written approval of the Village of Mukwonago Fire Chief.

4 Village of Mukwonago Waukesha and Walworth Counties, Wisconsin December 13, 2016 Plan Commission Minutes Page 3 of 3 4. Should use of site necessitate installation of additional paved parking spaces, Life Point Church shall submit a site plan to the Village for approval by the Plan Commission and Village Board without amendment to this Conditional Use. If the Village Board identifies the operations necessitate the need for additional parking, within 120 days of written notice from the Village, Life Point Church shall install additional parking spaces in accordance with an approved site plan. 5. Nothing in this Conditional Use approval shall prevent Life Point Church from requesting an amendment to this Conditional Use for expansion or a change in the Plan of Operation. Randall A. Johnson extraterritorial certified survey map Motion by Harley/Werner to recommend the Village approve the extraterritorial certified survey map, requested by Randall A. Johnson for the property located at W279S8820 Lookout Ln. in the Town of Vernon, known as VNT and VNT subject to the following condition carried: 1. Prior to Village Officials signing the Certified Survey Map, written Town of Vernon and Waukesha County approvals shall be provided to the Village Clerk. Chapman Property change of zoning Motion by Werner/Fairchild to recommend the Village Board authorize staff to schedule a public hearing at the January 2017 Village Board meeting to consider change of zoning from R-10 (Multiple-family District) to B-3 (Community Business District) for the Villageowned property located on the west side of STH 83 across from Black Bear Blvd carried. Village Center Overlay Zoning District Motion by Fairchild/Penzkover to accept the recommendation of the Economic Development Committee and recommend the Village Board authorize staff to schedule a public hearing at the January 2017 Village Board meeting to consider an ordinance to repeal and recreate of Sec and repeal Sec of the Municipal Code of the Village of Mukwonago pertaining to the creation of a Village Center Overlay Zoning District carried. Status of amendments to Chapter 100 Kaniewski explained that with the approval of the Amendment to Comprehensive Plan 2035, he has begun reviewing necessary zoning code amendments with the Village Attorney. There will be some property zoning changes at the same time. The immediate focus is residential districts and PUD standards. The intention is to bring the commission a preliminary draft of some of the changes by the regular January 2017 meeting. Adjournment Meeting adjourned at 7:17 p.m. Respectfully submitted, Steven Braatz, Jr. Clerk-Treasurer

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6 New Residential Zoning Districts January 2017 Draft (Please note formatting and outlining is not correct) R-1: Keep as is to match the Medium Lot Single Family II Land Use Designation. Prior to 2003, when the Village allowed single family PUD s, the zoning map should the R-1 subdivisions as R-4 PUD. That now creates a problem since there is not any development standards listed in the zoning ordinance under R-4 PUD, if someone were to research the online ordinance to build an addition. In consultation with the Village Attorney and Supervisor of Inspections, we recommend that all areas shown as R-4 PUD on the zoning map be rezoned to a more appropriate district (there are several R-4 PUD zoned areas that also relate to R-2, R-5 or R-10). Section R-1 Single-Family Medium Lot Residential District. The R-1 Single-Family Medium Lot Residential District is intended to provide for singlefamily residential with a minimum lot size of 15,000 square feet within new or existing neighborhoods designated within the Update to Comprehensive Plan 2035 as Medium Lot Single Family II. (replacement of current language) (1) Permitted uses. a. Single-family dwellings. b. Family day care homes licensed under Wisconsin State Statutes. Recommendation is to eliminate exact statute section that is referenced in current zoning districts because the statute sections change frequently. c. Foster homes and treatment foster homes licensed under Wisconsin State Statutes, and subject to the provisions Wisconsin State Statutes. d. Adult family homes licensed under Wisconsin State Statutes, subject to the provisions of Wisconsin State Statutes. e. Community living arrangements, as defined in Wisconsin State Statutes, with a capacity for eight or fewer persons, subject to the provisions of Wisconsin State Statutes. f. Home Occupations and Professional Offices, subject to the provisions of Section (5). Recommendation is to change home occupations from a conditional use to a permitted use. g. Essential services. (2) Permitted accessory uses. a. Private garages, swimming pools and carports. b. Gardening, tool and storage sheds incidental to the residential use. c. Solar collectors, both roof-mounted and as an accessory structure are permitted provided they comply with all yard and height requirements for the district in which they are located, are screened from street view, and receive prior plan commission approval and a permit from the building inspector. 1

7 d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. e. Secondary suite as defined is allowed in a single-family dwelling subject to approval of the zoning administrator in accordance to the following standards: 1. Issuance of a building permit for the new construction or remodeling is required. 2. Submittal of a recorded declaration of restrictions with the county register of deeds, stating the "the Village of Mukwonago Inspections Department/Zoning Administrator has approved the building permit application conditioned upon the owner signing and recording this Declaration of Restrictions indicating said dwelling will be a single family dwelling." The declaration of restrictions shall be recorded before issuance of a building permit for construction of said secondary suite. 3. The secondary suite shall be on the first floor of the single-family dwelling, at street grade level, or, if on second floor or lower level, an elevator or chair lift shall be installed from the secondary suite to the first floor at street grade level. 4. The secondary suite shall have non-lockable direct interior access to the entire dwelling. 5. No more than two bedrooms shall be permitted. 6. The principal single-family dwelling and the secondary suite shall share common water, sanitary sewer or septic and electric connections. 7. The owner shall provide evidence to the inspections department that the water and sanitary sewer or septic facilities are adequate to serve the secondary suite. 8. The secondary suite shall be designed that the appearance of the building remains as a single-family dwelling. Any new entrances shall be located on the side or rear of the building and shall be at ground level. 9. The secondary suite shall not be constructed or established within any required garage. 10. A kitchenette means a small kitchen or area for preparing food, often as a part of a room instead of a separate room. (3) Conditional uses. a. Cottage industries, subject to the provisions of Section (6). Recommend eliminating this category an old term that is now the same as home occupation. b. Community living arrangements, as defined in Wisconsin State Statutes, with a capacity for 16 or more persons, subject to the provisions of Wisconsin State Statutes. c. Public, parochial and private elementary and secondary schools and churches, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line. Add: Associated uses within schools and churches not part of the principal use of school of church require a separate conditional use, such as a church using part of a school or a day care in a church. 2

8 (4) Quantitative Standards for Development in R-1. Category Minimum Lot Area Minimum Lot Width Maximum Building Coverage on Lot Principle Building Maximum Building Coverage on Lot Accessory Building Minimum Greenspace* Minimum Building Setbacks** Maximum Building Height, principal building Maximum Height, accessory building*** Minimum Floor Area per Dwelling Unit Standard 15,000 square feet 100 feet interior lot/120 feet corner lot 25% of total lot size, not including any public rightof-way (change from 20%) 5% of total lot size, not including any public rightof-way 60% of total lot size, not including any public rightof-way Street Yard: 35 feet Interior Side Yard: a. One-story dwellings: 15 feet each side b. Other dwellings: 20 feet one side, 15 feet other side Rear Yard: 40 feet 30 feet 15 feet Total: 1,800 square feet 1 st floor of bi-level or 2- story: 1,200 square feet Each other floor of bi-level or 2-story: 600 square feet * Land that is permanently or temporarily submerged by water shall only count toward this calculation at one-half of required land space (i.e., 200 square feet submerged = 100 square feet greenspace). **Under conditional use approval the Plan Commission and the Village Board may require increased setbacks to create additional buffers from neighboring properties. ***Please see general standards for an accessory building elsewhere in this Chapter 100. (5) Parking. a. For single-family, parking for each dwelling unit shall be provided in accordance with Article V of this Chapter

9 b. For single-family, garages shall be attached. An attached garage shall be built concurrently with construction of the dwelling and shall be a minimum of 480 square feet (increase from current 400). The attached garage may not exceed 48 percent of the floor area of the dwelling, or 960 square feet, whichever is less (currently 48% or 960 square feet for one story, and 40% or 960 square feet for two stories). Attached garages shall may not have more than three (3) overhead doors. Attached garage doors shall not exceed a total of 32 feet in length and ten (10) eight feet in height. c. Existing attached garages shall not be converted to another use and shall be maintained as an attached garage at all times, unless a new attached garage is constructed in accordance with the standards of paragraph (5) (b) above. Nothing in this paragraph shall prevent an enlargement of an existing attached garage in accordance with the standards of paragraph (5) (b) above. d. For other uses allowed as a permitted or conditional use in R-1, parking shall be provided in accordance with Article V of this Chapter 100 (new). (6) General requirements. a. For any development, adherence to all standard specifications adopted by the village board is required. b. For any development, a developer's agreement between the villages, the developer and the owner of the property may be required. This agreement shall address all concerns and requirements of the village and provide adequate assurances that the development will fulfill the intent of this chapter. c. See Chapter 34 of Municipal Code for additional standards for the preservation and the planting of trees (new). d. No topsoil may be removed from any parcel in the R-1 district without the prior written approval of the village zoning administrator. For all developments that are subject to a developer's agreement, topsoil removal shall be controlled by the terms set forth therein 4

10 R-2: This current R-2 district will be adjusted to match the new Small Lot Single Family Land Use Designation with a minimum of 10,000 square foot lots, while allowing existing lots within the older neighborhoods to be 8,712 square feet in accordance with original platting. The current R-2 allows new lots of a minimum of 12,000 square feet. Section R-2 Single-Family Small Lot Residential District. The R-2 Single-Family Small Lot Residential District is intended to provide for singlefamily residential with a minimum lot size of 10,000 square feet within new or existing developed neighborhoods designated within the Update to Comprehensive Plan 2035 as Small Lot Single Family, or to provide for single-family residential with a minimum lot size of 8,712 square feet for single-family within existing neighborhoods designated within the Update to Comprehensive Plan 2035 as Historical Residential. (Replacement language). (Note: Current R-2 does not allow new lots at 8,712 square feet, but in recent past Village has allowed new CSM s with the smaller lot size; therefore, recommendation is to allow smaller lot size in Historical Residential areas). (7) Permitted uses. a. Single-family dwellings. b. Family day care homes licensed under Wisconsin State Statutes. Recommendation is to eliminate exact statute section that is referenced in current zoning districts because the statute sections change frequently. c. Foster homes and treatment foster homes licensed under Wisconsin State Statutes, and subject to the provisions Wisconsin State Statutes. d. Adult family homes licensed under Wisconsin State Statutes, subject to the provisions of Wisconsin State Statutes. e. Community living arrangements, as defined in Wisconsin State Statutes, with a capacity for eight or fewer persons, subject to the provisions of Wisconsin State Statutes. f. Home Occupations and Professional Offices, subject to the provisions of Section (5). Recommendation is to change home occupations from a conditional use to a permitted use. g. Essential services. (8) Permitted accessory uses. a. Private garages, swimming pools and carports. b. Gardening, tool and storage sheds incidental to the residential use. c. Solar collectors, both roof-mounted and as an accessory structure are permitted provided they comply with all yard and height requirements for the district in which they are located, are screened from street view, and receive prior plan commission approval and a permit from the building inspector. d. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view. 5

11 e. Secondary suite as defined is allowed in a single-family dwelling subject to approval of the zoning administrator in accordance to the following standards: 1. Issuance of a building permit for the new construction or remodeling is required. 2. Submittal of a recorded declaration of restrictions with the county register of deeds, stating the "the Village of Mukwonago Inspections Department/Zoning Administrator has approved the building permit application conditioned upon the owner signing and recording this Declaration of Restrictions indicating said dwelling will be a single family dwelling." The declaration of restrictions shall be recorded before issuance of a building permit for construction of said secondary suite. 3. The secondary suite shall be on the first floor of the single-family dwelling, at street grade level, or, if on second floor or lower level, an elevator or chair lift shall be installed from the secondary suite to the first floor at street grade level. 4. The secondary suite shall have non-lockable direct interior access to the entire dwelling. 5. No more than two bedrooms shall be permitted. 6. The principal single-family dwelling and the secondary suite shall share common water, sanitary sewer or septic and electric connections. 7. The owner shall provide evidence to the inspections department that the water and sanitary sewer or septic facilities are adequate to serve the secondary suite. 8. The secondary suite shall be designed that the appearance of the building remains as a single-family dwelling. Any new entrances shall be located on the side or rear of the building and shall be at ground level. 9. The secondary suite shall not be constructed or established within any required garage. 10. A kitchenette means a small kitchen or area for preparing food, often as a part of a room instead of a separate room. (9) Conditional uses. a. Cottage industries, subject to the provisions of Section (6). Recommend eliminating this category an old term that is now the same as home occupation. b. Community living arrangements, as defined in Wisconsin State Statutes, with a capacity for 16 or more persons, subject to the provisions of Wisconsin State Statutes. c. Public, parochial and private elementary and secondary schools and churches, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line. Add: Associated uses within schools and churches not part of the principal use of school of church require a separate conditional use, such as a church using part of a school or a day care in a church. 6

12 (10) Quantitative Standards for Development in R-2. Category Within Historical Residential Neighborhoods Within Small Lot Single Family Neighborhoods Minimum Lot Area 8,712 square feet 10,000 square feet Minimum Lot Width 66 feet 80 feet interior lot/100 feet corner lot Maximum Building Coverage on Lot Principal Building Maximum Building Coverage on a Lot Accessory Building Minimum Greenspace* Minimum Building Setbacks** Maximum Building Height, principal building*** Maximum Height, accessory building Minimum Floor Area per Dwelling Unit 20% of total lot size, not including any public right-ofway 5% of total lot size, not including any public right-ofway 60% of total lot size, not including any public right-ofway Street Yard: feet Interior Side Yard: c. One-story dwellings: feet each side d. Other dwellings: feet one side, 15 feet other side Rear Yard: feet 30 feet 30 feet 15 feet 15 feet Total: 1,200 square feet 1 st floor of bi-level or 2-story: 800 square feet 25% of total lot size, not including any public right-ofway 5% of total lot size, not including any public right-ofway 60% of total lot size, not including any public right-ofway Street Yard: 30 feet Interior Side Yard: a. One-story dwellings: 15 feet each side b. Other dwellings: 15 feet Rear Yard: 30 feet Total: 1,500 square feet 1 st floor of bi-level or 2-story: 1,000 square feet Each other floor of bi-level or 2-story: 400 square feet Each other floor of bi-level or 2- story: 500 square feet * Land that is permanently or temporarily submerged by water shall only count toward this calculation at one-half of required land space (i.e., 200 square feet submerged = 100 square feet greenspace). **Under conditional use approval the Plan Commission and the Village Board may require increased setbacks to create additional buffers from neighboring properties. ***Please see general standards for an accessory building elsewhere in this Chapter

13 (11) Parking. a. For single-family, parking for each dwelling unit shall be provided in accordance with Article V of this Chapter 100. b. For single-family, garages shall be attached. An attached garage shall be built concurrently with construction of the dwelling and shall be a minimum of 480 square feet (increase from current 400). The attached garage may not exceed 48 percent of the floor area of the dwelling, or 960 square feet, whichever is less (currently 48% or 960 square feet for one story, and 40% or 960 square feet for two stories). Attached garages shall may not have more than three (3) overhead doors. Attached garage doors shall not exceed a total of 32 feet in length and ten (10) eight feet in height. c. Existing attached garages shall not be converted to another use and shall be maintained as an attached garage at all times, unless a new attached garage is constructed in accordance with the standards of paragraph (5) (b) above. Nothing in this paragraph shall prevent an enlargement of an existing attached garage in accordance with the standards of paragraph (5) (b) above. d. For other uses allowed as a permitted or conditional use in R-1, parking shall be provided in accordance with Article V of this Chapter 100 (new). (12) General requirements. a. For any development, adherence to all standard specifications adopted by the village board is required. b. For any development, a developer's agreement between the villages, the developer and the owner of the property may be required. This agreement shall address all concerns and requirements of the village and provide adequate assurances that the development will fulfill the intent of this chapter. c. See Chapter 34 of Municipal Code for additional standards for the preservation and the planting of trees (new). d. No topsoil may be removed from any parcel in the R-2 district without the prior written approval of the village zoning administrator. For all developments that are subject to a developer's agreement, topsoil removal shall be controlled by the terms set forth therein 8

14 R-3: Current Section is the R-3, Single-Family/Transitional Residential District. The district allows single-family, two-family and multi-family. There are a handful of scattered with single-family, two-family or multi-family (Ashlyn Village, for example, with over 10 units per acre of apartments). The Update to Comprehensive Plan 2035 recommends the new R-5 district for existing two-family within the Historical Residential Land Use Designation and R-5 for areas within the new Low Density Multi-Family Land Use Designation. The other currently properties with R-3 zoning should be rezoned to R-2. Therefore, essentially the new plan recommended elimination of the R-3 district. On the other hand, we could retain the R-3 with the 8,712 square foot regulations of the new R-2 district. 9

15 R-4: The R-4 PUD overlay district currently allows limited modifications to standards in multifamily developments. The modifications allowed are for setbacks and greenspace (allow the standards here-in recommend a trade-off of setbacks and greenspace) and the number of parking spaces. Although new PUD standards are recommended, I m providing this draft with revisions if the R-4 PUD is to be retained. As stated under R-1, the existing R-4 PUD designations shown on the zoning map should be rezoned to the appropriate zoning district as shown below. Developments Currently Shown as R-4 PUD on Zoning Map Development Name Land Use Recommended Zoning District Birchrock Senior Housing Assisted and R-10 Market Rate Hawks Ridge* Condominiums R-10 Hawks Ridge East* Condominiums R-10 Legend Meadows Apartments R-10 Linden Grove Several Levels of Senior Housing, R-10 including rehabilitation Meadow Park Estates Single-Family (15,000 sq. ft. lots) R-1 Minors Homestead Subdivisions, Single-Family (15,000 sq. ft. lots) R-1 including Additions 1, 2 and 3 Mukwonago Estates Single-Family (8,000 sq. ft. lots) R-2 Mukwonago Estates Two-Family Condominiums R-5 River Park Estates Single-Family (10,000 sq. ft. lots) R-2 River Park Estates Apartments R-10 The Orchards of Mukwonago Single-Family (15,000 sq. ft. lots) R-1 Whispering Bay Condominiums R-5 *Also land north of the developments is owned by Village, used as a regional storm water basin, is shown as R-4 PUD; should be zoned P, Public and Semi-Public District. Sec R-4 Residential Planned Unit Development Overlay District. This ordinance permits the plan commission to recommend and the village board to approve assign the zoning of certain property R-4 residential planned unit development overlay district (R-4 PUD) to Only only those duplex and multiple-family developments with more than one principal building per lot in the R-3 and R-10 R-5, R-10 and R-15 Multi-Family Residential districts as a Conditional Use. that will be enhanced by R-4 PUD designation shall be permitted to be zoned R-4 PUD. The purpose of the R-4 PUD overlay is to allow an enhanced development plan to benefit the Village as a whole. In the event the property is zoned granted a R-4 PUD Overlay as a Conditional Use, then the village, subject to the limits set forth in this ordinance, may permit certain modifications to the zoning ordinances that relate to setbacks, greenspace, and parking, and determination of density for developments that are designed solely for senior citizens living and/or rehabilitation. In all other respects, property zoned designated as a R-4 PUD Overlay shall conform to the underlying R-3 or R-10 R-5, R-10 or R- 15 zoning classification and all other zoning requirements unless otherwise permitted under village ordinances. 10

16 The designation of property as R-4 PUD Overlay is intended to preserve the public health, safety and welfare while providing a safe and efficient system for vehicle traffic; enabling economical design in the location of public and private utilities and community facilities; and ensuring adequate standards of construction and planning. The R-4 PUD overlay district designation will allow for flexibility of overall development design. The locations of all uses within the R-4 PUD shall be in accordance with the duly approved development plan for the PUD. In order for a modification to the setbacks, greenspace and/or parking requirements to be granted, the determinative factor is whether the underlying R-3 or R-10 R-5, R-10 or R-15 zoning requirement did not anticipate a particular situation and that the granting of the modification will address the matter but still follow the spirit and intent of the underlying R-3 or R-10 district. When approving of a R-4 PUD district, the village board shall designate the underlying R-3 or R-10 district. (1) Uses. Only those uses as permitted in the underlying R-3 or R-10 R-5. R-10 or R-15 zoning district, including those permitted as conditional or accessory, are allowed. (2) Modifications Permitted. After receipt of a recommendation by the plan commission, and subject to a determination that the spirit and intent of the underlying R-3 or R-10 zoning district is being met, the village board may permit modifications to the following zoning requirements: a. Sections (3)(b) and (4)(b) Development standards as they relate to front, rear and side yard setbacks may be modified so as to allow for a reduction or require an increase in the setback distance, provided all concerns related to regarding public health, safety, and welfare are met and the spirit and intent of the underlying ordinance is met. The setbacks shall be considered in conjunction with greenspace requirements and may not be modified in such a way that greenspace cannot be met in accordance with any modification permitted under section (2)b., below. b. Sections (3)(a) and (4)(a) Development standards as they relate to required greenspace area may be modified so as to allow the location of the greenspace to be shifted from one location to another provided that the total amount of greenspace required for the development is equivalent to that required under the underlying R-3 or R-10 zoning district. The plan commission and village board shall consider the overall aesthetic appeal of the development in approving any modification to the greenspace requirements. c. Sections (4) and (5) Development standards as they relate to the total number of parking stalls required for a residential development may be modified so as to allow for a reduction or require an increase in the total number of required parking stalls. Reductions shall only be permitted when technical documentation is furnished by the applicant to indicate to the satisfaction of the plan commission and village board that actual parking demand for the particular use is less than the required amount. At the discretion of the plan commission and village board, it may or may not be necessary to hold area in reserve for anticipated future parking. The plan commission and village board may also permit detached garages and/or flexibility in the size of parking stalls. d. Development standards as they relate to the total amount of dwelling units allowed within a development, as stated within the R-5. R-10- or R-15 zoning districts shall not be modified, except as stated below: 11

17 (1) A modification shall be allowed to define density in developments designed solely for senior citizens living and/or rehabilitation, such as defining a one-bed senior unit or one-bed 24/7 nursing room as a portion of a whole residential unit, up to the maximum allowed senior housing density of 20 units per acre allowed in the R-10 and R-15 zoning districts. In cases where a senior citizen living density modification is request, the Plan Commission shall recommend and the Village Board shall clearly state in approval of the R-4 PUD Overlay the exact definition of a whole dwelling unit for density purposes. (2) When setback and/or greenspace modifications are requested, the Plan Commission may recommend and the Village Board may approve a residential dwelling unit density less than the maximum allowed in the underlying R-5, R-10 or R-15 zoning classification. d. A modification shall be allowed in developments designed solely for senior citizens living and/or rehabilitation for minimum size of dwelling units. The Plan Commission shall recommend and the Village Board shall clearly state in approval of the R-4 PUD Overlay the exact allowed minimum size of the variety of senior units that may be provided within the senior development. d. The R-4 PUD designation does not grant the plan commission the ability to authorize a relaxation of any requirements of the other zoning ordinance standards not herein specified. Not limited by enumeration, relaxation of the following standards shall not be permitted through R-4 PUD designation: lot coverage (buildings), density (number of units on a site), building size, floor area, lighting, landscaping, and/or use. (3) Procedural requirements; petition. To initiate R-4 PUD overlay district designation, the owner or owner's agent shall file a petition with the village clerk containing the following: a. A statement which sets forth the relationship of the proposed PUD to the village's adopted master plan, the uses to be included in the proposed PUD, its general character, and any proposed departures from the standards of development as set forth in this chapter and chapter 45, Land Division, or other village regulations or administrative rules. b. A general development plan including: 1. A legal description of the boundaries of the subject property included in the proposed R-4 PUD and its relationship to surrounding properties. 2. The location of public and private roads, driveways, sidewalks and parking facilities. 3. The size, arrangement and location of any individual building sites and proposed building groups on each individual site. 4. The type, size and location of all structures, both existing and proposed. 5. General landscape treatment. 6. Architectural plans and elevation illustrating the design and character of proposed structures. 12

18 7. The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities. 8. The existing and proposed location of all private utilities or other easements. 9. Existing topography on the site with contours at no greater than two-foot intervals. 10. Anticipate uses of adjoining lands in regard to roads, surface water drainage, and compatibility with existing adjacent land uses. 11. If the development is to be staged, a staging plan. c. The petition for an R-4 PUD overlay district shall be referred to the plan commission for its review and recommendation. This recommendation may include any additional conditions or restrictions which the plan commission may deem necessary or appropriate. d. Upon receipt of the plan commission's recommendations, the village board, before taking affirmative action to approve such petition, shall hold a public hearing, pursuant to section Notice for such hearings shall include reference to the development plans filed in conjunction with the requested R-4 PUD overlay district. (4) Basis for approval of the petition. The plan commission, in making its recommendation, and the village board, in making its determination, shall consider the following: a. The proposed R-4 PUD overlay district is consistent in all respects to the purpose of this section and to the spirit and intent of this chapter; is in conformity with the adopted master plan; and the development would not be contrary to the general welfare and economic prosperity of the community. b. The proposed site shall be provided with adequate drainage facilities for surface water and stormwater. c. The proposed site shall be accessible from public roads that are adequate to carry the traffic that can be expected to be generated by the proposed development. d. The proposed development shall be adequately provided with and shall not impose any undue burden or constraint on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas. e. The proposed development will be adequately served by off-street parking and truck service facilities. f. The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets, and that the development will not create an adverse effect upon the general traffic patterns or the surrounding neighborhood. 13

19 g. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious design that is compatible with and not adversely affect the property values of the surrounding neighborhood. (5) Determination of disposition of the petition. a. Generally. The village board, after due consideration, shall deny the petition, approve the petition as submitted, or approve the petition subject to additional conditions and restrictions. b. Approval. The general and detailed approval of an R-4 PUD overlay district shall be based on, and include as conditions thereto, the building, site and operational plans for the development as approved by the village board. 1. General approval. Plans submitted with the R-4 PUD petition need not necessarily be completely detailed at the time of rezoning, provided that they are of sufficient detail to satisfy the village board as to the general character, scope and appearance of the proposed development. Such preliminary plans shall designate the pattern of proposed streets, and the size and arrangement of individual buildings and building sites. The approval of such preliminary plans shall be conditioned upon the subsequent submittal and approval of more specific and detailed plans as each stage of development progresses. 2. Detailed approval. Plans submitted for detailed approval shall be sufficiently precise, and all items required by the village board shall be provided prior to final approval. c. Developer's agreement. The developer shall enter into an appropriate developer's agreement with the village to guaranteed the implementation of the development according to the terms and the conditions established as part of the approved R-4 PUD. d. Changes and additions. Any subsequent change or addition to an approved plan shall first be submitted for approval to the plan commission, and if, in the plan commission's opinion, such change or addition is not substantial, it may recommend approval to the village board without public hearing. If such change or addition is construed to be substantial, the village board, pursuant to section of this chapter, shall hold a public hearing. without limitation to the plan commission's right to determine any other change substantial, a change in any of the following respects shall be automatically construed to be substantial: 1. A significant change in the size, value or type of structure from that indicated in the approved project plan. 2. The addition of any principal uses not included in the approved project plan. 3. A change in the basic concept of site development which would significantly alter the relationship of land uses to adjoining properties. e. Subsequent land division. The division of any land within a R-4 PUD overlay district for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the village and when such division is contemplated, a preliminary plat or certified survey map of the lands to be divided shall accompany the petition for R-4 PUD approval. 14

20 R-5: The Update to Comprehensive Plan 2035 recommends removal of the current R-5, Planned Mobile Home District (no corresponding land use designation) and replacing it with a district to implement the new Low Density Multi-Family Land Use Designation. Section R-5 Low Density Multi-Family Residential District. (All new) The R-5 Low Density Multi-Family Residential District is intended to provide for two-family dwellings or multi-family buildings with three or more dwellings per building within new or existing neighborhoods designated within the Update to Comprehensive Plan 2035 as Low Density Multi-Family. (1) Permitted uses. e. Two-Family attached dwellings either on an individual lot or in a unified complex. f. Multi-Family dwelling (3 or more dwellings per building) for a single building or in a complex of buildings at a maximum density of five (5) dwelling units per acre as defined here-in. g. Family day care homes licensed under Wisconsin State Statutes h. Foster homes and treatment foster homes licensed under Wisconsin State Statutes, and subject to the provisions Wisconsin State Statutes. i. Adult family homes licensed under Wisconsin State Statutes, subject to the provisions of Wisconsin State Statutes. j. Community living arrangements, as defined in Wisconsin State Statutes, with a capacity for eight or fewer persons, subject to the provisions of Wisconsin State Statutes. k. Community living arrangements, as defined in Wisconsin State Statues, with a capacity for nine (9) to 15 persons, subject to the provisions of Wisconsin State Statutes. l. Home Occupations and Professional Offices, subject to the provisions of Section (5). m. Essential services. (2) Permitted accessory uses. n. Private garages, swimming pools and carports. o. Gardening, tool and storage sheds incidental to the residential use. p. Solar collectors, both roof-mounted and as an accessory structure are permitted provided they comply with all yard and height requirements for the district in which they are located, are screened from street view, and receive prior plan commission approval and a permit from the building inspector. q. Dish antennas, ground and building mounted, limited to 24 inches in diameter and not visible from street view.. (3) Conditional uses. r. Senior housing, as defined, subject to the following restrictions: 1. Taking into consideration the specific land(s) involved, the plan commission may require an analysis of existing and potential traffic patterns and the use of adjacent 15

21 and/or surrounding properties and may recommend stringent setback, parking, landscaping and other aesthetic related zoning standards. 2. Density shall not exceed 20 dwelling units per acre and shall be specifically designed for senior citizens (those persons aged 55 years or older). Projects shall include such features as central locked lobby entrances; common rooms/areas on each floor and wing within a building; elevators; wider hallways with hand railings; walking paths and outdoor sitting areas; and programs and activities designed for the elderly. 3. At least 80 percent of all units shall be rented or sold to senior citizens. The building design will conform to the multiple-family requirements of this section; although, the board of zoning and building appeals may waive or change requirements to allow for congregate living. s. Community living arrangements, as defined in Wisconsin State Statutes, with a capacity for 16 or more persons, subject to the provisions of Wisconsin State Statutes. (13) Density for Multiple Family Dwellings. a. The maximum density of multiple family dwellings allowed as a permitted use shall be five (5) dwelling units per acre, except senior housing may have up to 20 dwelling units per acre. b. The maximum density of two-family dwellings within a complex of buildings allowed as a permitted use shall be five (5) dwelling units per acre. c. Density shall be the number of dwelling units on the developed property divided by net size of the lot or property, resulting in a coefficient of dwelling units per acre. The net property size is the gross size of the property at time of application for development minus any public right-of-way existing before development, and minus 50% of total area covered by designated environmental features. Designated environmental features are areas delineated as wetlands and verified as wetlands by the Wisconsin Department of Natural Resources or the Army Corps of Engineers; Primary Environmental Corridors and Secondary Environmental Corridors as verified by the Southeastern Wisconsin Regional Planning Commission; floodplains mapped locally or by the FEMA; and land that is permanently or temporarily submerged by water but not including new storm water management and/or water quality basins constructed for the development. Land areas that contain multiple environmental features, such as wetlands within a floodplain, are not double counted. This 50% standard only determines the allowable maximum density and should not be construed to allow construction within or removal of any designated environmental features unless permitted by the agency with jurisdiction of the feature. Further division of a lot and/or property by a condominium plat does not change the density calculation of using the gross or net size of the original lot or property. 16

22 (14) Quantitative Standards for Development in R-5. a. Standards for Two-family Development. Category Two-Family Building on an 1 Lot or Property A Complex of Two-Family Buildings Minimum Lot Area 18,000 square feet 18,000 square feet * Minimum Lot Width 120 feet interior lot/140 feet corner lot 200 feet or greater with approval of Plan Commission Maximum Building Coverage on Lot 25% of total lot size, not including any public right- 25% of total lot size, not including any public right-of-way Minimum Greenspace** Minimum Building Setbacks Maximum Building Height-- principal building Maximum Height-- accessory building Minimum Floor Area per Dwelling Unit of-way 60% of total lot size, not including any public rightof-way Street Yard: 35 feet Interior Side Yard: e. One-story dwellings: 15 feet each side f. Other dwellings: 20 feet one side, 15 feet other side Rear Yard: 40 feet Two-stories to not exceed a total of 30 feet 20 feet 20 feet Total: 1,000 square feet 60% of total lot size, not including any public right-of-way Street Yard: 35 feet Interior Side Yard: c. One-story dwellings: 15 feet each side d. Other dwellings: 20 feet one side, 15 feet other side Minimum distance between residential buildings: 30 feet Rear Yard: 50 feet Two-stories to not exceed a total of 30 feet Total: 1,200 square feet (currently all two-families in R-3 require 1,000 sq. ft.) * Within multiple building unified developments, 18,000 square feet of land area is required for each two-family building. Lots and/or properties may be further divided by a condominium plat; with the overall building site size controlled by 18,000 square feet per building and by a maximum of five (5) dwelling units per acre on the overall building site size. ** Areas delineated as wetlands and verified as wetlands by the Wisconsin Department of Natural Resources; Primary Environmental Corridors and Secondary Environmental Corridors as verified by the Southeastern Wisconsin Regional Planning Commission; floodplains mapped locally or by the FEMA, and land that is permanently or temporarily submerged by water (but not including new storm water management and/or water quality basins constructed for the development) shall only count toward this calculation at one-half the required land space (i.e., 1,000 square feet of wetland, corridors or areas submerged by water = 500 square feet of greenspace). 17