ORDINANCE NO.

BY: ________________________________

AN ORDINANCE TO CREATE SECTION 17.0316

OF THE MUNICIPAL CODE REGARDING THE CREATION OF

URBAN VILLAGE DISTRICT

The Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION 1: Section 17.0316 of the Municipal Code is hereby created to read as follows:

SEC. 17.0316 UV – URBAN VILLAGE DISTRICT

The intent of the Urban Village District, derived from the South 27^th Street Sub-Area Vision Plan, is to coordinate development that will, over time, be transformed into a cohesive neighborhood with compatible residential, commercial, and office uses.

The Urban Village District shall be developed, or redeveloped as a series of Planned Unit Development’s. Development within this district shall substantially comply with the South 27^th Street Sub-Area Vision Plan adopted by Resolution No. 10493-031505. The benefits of Planned Unit Developments include diversified building types, sizes, and uses. The UV district will include a well-designed street and walkway layout to safely and efficiently separate pedestrian and vehicle traffic.

(a) All procedural requirements for the UV District shall be identical to the procedural requirements explained in the PUD overlay districts of the Oak Creek Zoning Code, Section. 17.0325 (c).

(b) All submitted PUD’s shall identify all lands, lots and parcels within the defined Urban Village District, regardless if all are party to or not party to the submittal.

(c) Design Standards as stated in the 27^th Street Overlay Districts, Section 17.0329 of the City of Oak Creek Zoning Ordinance, shall apply to all Planned Unit Developments within this district.

(d) In accordance with the South 27^th Street Sub-Area Vision Plan, every PUD submittal shall meet the following components:

1. Land Uses

a. Retail / Commercial

1) Provide active, pedestrian oriented environment with street level activity.

2) Maintain appearance of at least two (2) stories in height.

3) Meet design guidelines of 27^th Street Overlay Districts in Section 17.0329.

b. Housing

1) Provide a mix of housing opportunities.

2) Meet design guidelines of 27^th Street Overlay Districts in Section 17.0329.

c. Office

1) Provide single and multi-tenant office buildings.

2) Attract Class A office users and corporations.

3) Meet design guidelines of 27^th Street Overlay Districts in Section 17.0329.

2. Circulation and Access.

a. Unified access points.

1) Meet Wisconsin Department of Transportation requirements for South 27^th Street access points.

2) Meet Milwaukee County requirements for access points, where applicable.

b. Neighborhood use.

1) Provide minimal on street parking in the front of the building with the main parking area in the rear.

2) Provide pedestrian links to neighborhood open spaces.

3. Open Space and Environmental Assets

a. Provide a central neighborhood open space.

b. Protect the environmental corridors as mapped by the Southeastern Wisconsin Regional Planning Commission.

(e) For the purpose of this section, the following definitions shall apply:

1. Large format commercial: a development where a single commercial use is greater than 30,000 square feet or a multi-use development over 60,000 square feet where the primary tenant is greater than 20,000 square feet.

2. Office: a single or multi-tenant development in which professional and office uses occur; usually greater than 40,000 square feet.

3. Neighborhood center: A walkable area in which mixtures of residential, commercial, office, and open spaces are available.

4. Neighborhood bar: An establishment that serves alcoholic beverages that is less than 2,500 square feet, and does not permit live music.

5. Townhouse: One of a row of owner-occupied houses connected by common side walls.

6. Condominium: One of a series of owner-occupied dwelling units that may be connected by common side walls, or constructed above one another.

7. Duplex: A house or building divided into separate dwelling units that are not all owner occupied.

(f) Location:

1. Boundaries include:

a. West: 27^th Street

b. East: I-94

c. North: Rawson Avenue

d. South: Drexel Avenue

(g) Uses: Permitted uses are divided into four sections as per the South 27^th Street Sub-Area Vision Plan; mixed commercial, office, neighborhood center and mixed residential. All uses shall be subject to approval by the City through the review and approval of the required planned unit development, and may include:

1. Mixed commercial:

a. Permitted Uses

1) Antique and collectors stores.

2) Art galleries.

3) Art supply stores.

4) Automotive parts and accessories without installation.

5) Bakeries, retail

6) Banks, savings and loan associations

7) Barber shops.

8) Beauty shops.

9) Book or stationery stores.

10) Business offices.

11) Camera and photographic supply stores.

12) Clothing stores.

13) Coin and philatelic stores.

14) Confectioneries and ice cream stores.

15) Currency exchanges.

16) Delicatessens.

17) Department stores.

18) Drug stores.

19) Electronics and Appliance stores.

20) Equipment rental with only inside storage facilities.

21) Fish markets.

22) Florists.

23) Fruit stores.

24) Funeral homes.

25) Furniture stores.

26) Furriers and fur apparel.

27) Gift stores.

28) Grocery stores.

29) Hardware stores.

30) Hobby and craft shops.

31) Indoor tennis and racquetball courts, physical fitness centers and health clubs.

32) Insurance sales offices.

33) Interior decorators.

34) Jewelry stores.

35) Laundry and dry-cleaning establishments.

36) Law offices.

37) Meat markets.

38) Medical and dental clinics.

39) Music stores.

40) Office supplies

41) Optical stores.

42) Other financial institutions, not including payday loan or title loan agencies

43) Paint, glass, and wallpaper stores.

44) Pet stores and pet grooming.

45) Photography and art studios.

46) Printing services, limited to no more than2,000 square feet of floor area.

47) Professional offices.

48) Radio and television broadcast or recording studios, not including transmitting towers.

49) Real estate sales offices.

50) Restaurants, excluding drive-through restaurants.

51) Shoe stores and leather goods stores.

52) Sporting goods stores.

53) Stock brokers and securities dealers.

54) Tailor or dressmaking shops.

55) Testing laboratories.

56) Theaters and other amusement places, provided they less than 30,000 square feet

57) Travel agency.

58) Utility offices.

59) Variety stores.

60) Video tape sales and rental.

61) Wine and Liquor stores.

b. Accessory Uses

1) Off-street parking

c. Conditional Uses

1) Restaurants (drive-through)

2) Motor vehicle uses (limited to gas stations with no vehicle service and car washes)

2. Office:

a. Permitted Uses

1) Banks, savings and loan associations, and other financial institutions, not including payday loan or title loan agencies.

2) Business offices.

3) Insurance offices.

4) Law offices and legal services.

5) Medical and dental clinics.

6) Professional offices.

7) Real estate and development offices.

8) Investment offices

9) Advertising agencies

10) Media representatives

11) Credit reporting and collection

12) Mailing, reproduction and stenographic services

13) Commercial photography

14) Personnel services and human resources

15) Computer and data processing services

16) Business associations and professional organizations

17) Engineering and management services

18) Research and development

19) Accounting, auditing and bookkeeping

20) Consultant services

21) Public relation services

22) Government offices

b. Accessory Uses

1) Off-street parking

3. Neighborhood Center

a. Permitted Uses

1) Bakeries.

2) Barber shops.

3) Beauty shops.

4) Book or stationary stores.

5) Coffee shops.

6) Convenience food stores.

7) Delicatessens.

8) Dwelling units above or behind first floor commercial.

9) Florists.

10) Insurance sales offices.

11) Jewelry Stores.

12) Music Stores.

13) Professional offices.

14) Restaurants (without drive-in or drive through).

15) Tailor or dressmaking shops.

16) Travel agency.

17) Variety stores

18) Other neighborhood scale retail as deemed appropriate by the City.

b. Accessory Uses

1) Off-street parking

4. Mixed Residential:

a. Permitted Uses

1) Single-family including townhouses, duplexes.

2) Multi-family including condominium and housing for the elderly.

b. Density: not to exceed twenty (20) dwelling units per acre.

c. Minimum Lot Size:

1) Single-family: 7,200 square feet

2) Multi-family: 10,000 square feet

d. Minimum Lot Width:

1) Single-family: 60 feet

2) Multi-family: 75 feet

e. Permitted Accessory Uses:

1) Garages.

2) Off-street parking.

f. Minimum Area Requirements: All development within the Urban Village District shall follow the minimum area as shown, consistent with existing PUD districts.

	Principal Uses	Minimum Area of PUD
a.	Residential PUD	10 acres
b.	Commercial PUD	10 acres
c.	Mixed Compatible Uses	20 acres

g. Parking: The Urban Village District is to be designed as a walkable neighborhood. Therefore, the parking requirements, including the number of stalls and location, deviate from the Oak Creek Zoning Code as set forth in the South 27^th Street Sub-Area Vision Plan.

1) Location: Limited on-street parking shall be permitted while the balance of available parking located behind the building.

2) Spaces Required:

a. Commercial: one (1) space per 300 square feet of gross floor area of customer sales and service, plus one (1) space per employee for the work shift with the most employees.

b. Office: one (1) space per 500 square feet of gross floor area, plus one (1) space per employee for the work shift with the most employees.

c. Residential uses shall require one (1) parking stall per dwelling unit.

3) One (1) bicycle stand shall be required per ten (10) vehicle parking stalls.

h. Shared Parking: Shared parking areas are encouraged. A copy of all cross parking agreements shall be submitted during review process.

i. Exceptions: The Planning Commission, pending a review can adjust the amount of parking spaces required.

j. Landscaping: As set forth in the 27^th Street Overlay District Standards, Section 17.0329 of the City of Oak Creek Zoning Ordinance.

k. Basis for Approval of the Application

1) The City Plan Commission in making its recommendation and the Common Council in making its determination, shall consider:

a. That the applicants for the proposed Urban Village District have indicated that they intend to begin and complete the physical development of the PUD within a time frame approved by the Common Council, after recommendation by the Plan Commission.

b. That the proposed Planned Unit Development 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 or any adopted component thereof; and, that the development would not be contrary to the general welfare and economic prosperity of the community.

c. The constraint or burden that will be imposed on public services and facilities, such as fire and police protection, street maintenance, and maintenance of public areas by the proposed development.

d. All property to be included in an Urban Village District Planned Unit Development shall be held in single ownership. However if there is more than one (1) owner, the applicants shall create a property owners association; whose responsibility it shall be to agree upon any plan prior to it being presented to the Plan Commission for approval and, thereafter, shall be the responsible entity for the maintenance of the exterior of all buildings, as well as all common areas within its Urban Village Planned Unit Development. The by-laws of this association, which contain its duties and responsibilities, shall be first approved by the Plan Commission and shall be written so that all subsequent amendments shall also have to be approved by the Plan Commission before they can take effect.

e. The proposed site shall be provided with adequate drainage facilities for surface and storm waters.

f. 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.

g. The streets and driveways on the site of the proposed development shall be adequate to serve the residents of the proposed development.

h. Public water and sanitary sewer facilities shall be provided.

i. Adequate guarantee is provided for permanent preservation of open space areas as shown on the approved site plan either by private reservation and maintenance or by dedication to the public.

2) That in the case of a proposed residential Planned Unit Development within the Urban Village District:

a. Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.

b. The total net residential density within the Urban Village Planned Unit Development will be consistent with this section.

c. Each residential planned unit development, having more than one property owner involved and featuring common open space or other common improvements, shall be managed by a Property Owners’ Association, or other appropriate management mechanism, to assure that any common facilities are properly maintained. A copy of the by-laws of the management association shall be included with the PUD application; which shall initially be approved by the Plan Commission as well as any subsequent amendments thereto.

3) That in the case of a proposed commercial Planned Unit Development within the Urban Village District:

a. The proposed development will be adequately served by rear located off-street parking and truck service facilities.

b. The locations for entrances and exists 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 pattern of the surrounding neighborhood.

c. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with the surrounding neighborhood.

d. Each commercial planned unit development, having more than one property owner involved and featuring common open space or other common improvements, shall be managed by a Property Owners’ Association, or other appropriate management mechanism, to assure that any common facilities are properly maintained. A copy of the by-laws of the management association shall be included with the PUD application; which shall initially be approved by the Plan Commission as well as any subsequent amendments thereto.

4) That in the case of a mixed-use residential / office / commercial Planned Unit Development within the Urban Village District:

a. The proposed development will create an active commercial environment at grade level, while office and / or residential units constructed on the second floor or above.

b. Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.

c. The total net residential density within the Urban Village Planned Unit Development will be consistent with this section.

d. The locations for entrances and exists 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 pattern of the surrounding neighborhood.

e. The architectural design, landscaping, control of lighting, and general site development will result in an attractive and harmonious service area compatible with the surrounding neighborhood.

f. Each planned unit development, having more than one property owner involved and featuring common open space or other common improvements, shall be managed by a Property Owners’ Association, or other appropriate management mechanism, to assure that any common facilities are properly maintained. A copy of the by-laws of the management association shall be included with the PUD application; which shall initially be approved by the Plan Commission as well as any subsequent amendments thereto.

l. Determination: The Common Council, after due consideration, may deny the application, approve the application as submitted, or approve the application subject to additional conditions and restrictions; including but not limited to, beginning and completing the physical development of the PUD within a time frame approved by the Common Council, after recommendation by the Plan Commission and that the City shall be a part of the approval process for any amendment to the by-laws of the Property Owners’ Association. The approval of a Planned Unit Development within the Urban Village District shall be based upon and include as conditions thereto the building, site and operational plans for the development as approved by the City Council. The approval of a planned unit development, and the attendant conditions of approval, shall be applicable to the developer, his heirs, successors, or assigns.

m. Changes and Additions Prior to Final PUD Approval. Any change or addition to the plans or uses prior to the issuance of an occupancy permit shall first be submitted for approval to the City Plan Commission and if in the opinion of the Plan Commission, such change or addition constitutes a substantial alteration of the original plan, a public hearing before the Plan Commission shall be required and notice thereof be given pursuant to the provisions of Section 17.1300 of this Chapter, and said proposed alterations shall be submitted to the Common Council for approval after a public hearing.

n. Subsequent Land Division. The division of any land or lands within a Planned Unit Development Overlay District for the purpose of change or conveyance of ownership shall be accomplished pursuant to the land division regulations of the City and when such division is contemplated, a subdivision plat or certified survey map, as may be appropriate, of the lands to be divided shall accompany the application for PUD approval.

o. Changes and Additions to the PUD After Final Approval.

1) Any change in occupancy within an approved planned unit development project shall be administered in the same manner as a change in occupancy in a basic use district as set forth in Section 17.1006 of this Chapter. A certificate of compliance shall not be issued to a use that is not consistent with conditions placed on approval in any PUD district.

2) Any addition to a planned unit development in years subsequent to construction and occupancy shall be considered a new and separate proposal, and shall be required to comply with all of the review and approval requirements of this district, including the requirement for submittal of development plans and the conduct of public hearings required by this section.

SECTION 2: All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

SECTION 3: This ordinance shall take effect and be in force from and after its passage and publication.

Introduced this 17th day of May 2005.

Passed and adopted this ______ day of __________________, 2005.

____________________________________

President, Common Council

Approved this ______ day of __________________, 2005.

____________________________________
ATTEST: Mayor

__________________________________ VOTE: Ayes_____ Noes______
City Clerk

Principal Uses

Minimum Area of PUD