Plan Commission Packet - 9/1/2015
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
September 1, 2015
6:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES OF THE AUGUST 4, 2015 MEETING.
PUBLIC HEARING
Public Hearing for Thomas and James Huckstorf requesting a Conditional Use Permit in
accordance with the Muskego Zoning Ordinance for the purpose of allowing a guest house
on their property located at W167 S11091 Loomis Drive / Tax Key Number 2295.995.003.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 048-2015 - Approval of a Conditional Use Grant for Thomas and James
Huckstorf for the property located in the SW 1/4 of Section 34 (Tax Key No. 2295.995.003 /
W167 S11091 Loomis Drive).
RESOLUTION #PC 050-2015 - Approval of an Amended Building Site and Operation Plan
for Muskego Beer and Liquor located in the NE 1/4 of Section 9 (Tax Key 2193.059 / S75
W17308 Janesville Road).
RESOLUTION #PC 051-2015 - Recommendation to Common Council to amend the zoning
map of the City of Muskego for Ener-Con Companies for properties located in the SE 1/4 of
Section 9 (Tax Key Nos. 2195.999, 2193.970.028, 2193.970.029 / Janesville Road).
MISCELLANEOUS BUSINESS
ADJOURNMENT
NOTICE
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.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
Unapproved
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
August 4, 2015
6:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Kathy Chiaverotti called the meeting to order at 6:32 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Kathy Chiaverotti, Ald. Madden (6:33 PM), Commissioners Bartlett,
Buckmaster, DiPronio and Jacques.
Absent: Commissioner Hulbert
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws on July 31, 2015.
APPROVAL OF THE MINUTES OF THE JULY 7, 2015 MEETING
Commissioner Jacques made a motion to approve the minutes of the July 7, 2015
meeting. Commissioner Di Pronio seconded.
Motion Passed 5 in favor.
PUBLIC HEARING
Public Hearing for Mark and Pam Godsell requesting a Conditional Use Permit in accordance
with the Muskego Zoning Ordinance for the purpose of allowing Agritourism uses on their
existing farm property located at S105 W15585 Loomis Drive (Tax Key 2298.988).
With no questions or comments, Mayor Chiaverotti closed the public hearing at 6:33 PM.
CONSENT BUSINESS
Recommended for approval en gross.
Commissioner Buckmaster made a motion to approve the consent business engross.
Commissioner Jacques seconded.
Motion Passed 6 in favor.
RESOLUTION #PC 043-2015 - Approval of a Three Lot Certified Survey Map for the Bosch
property located NW 1/4 of Section 31 (Tax Key 2282.995.001 / Crowbar Drive).
RESOLUTION #PC 044-2015 - Approval of a Two Lot Extraterritorial Certified Survey Map for
the Jendrzejek property located in the Town of Norway.
Plan Commission Minutes 2
August 4, 2015
RESOLUTION #PC 045-2015 - Approval of a Two Lot Certified Survey Map for the Buchan
property located in the SE 1/4 of Section 7 (Tax Key 2191.999 / S75 W 20549 Field Drive).
RESOLUTION #PC 046-2015 - Approval of an additional accessory structure for the Podevels
property located in the SW 1/4 of Section 7 (Tax Key 2187.998.002 / S75 W21565 Field
Drive).
RESOLUTION #PC 047-2015 - Recommendation to Common Council to vacate the right of
way east of North Cape Road in the NE 1/4 of Section 24 (Between Tax Key Nos.
2253.999.001 and 2253.999.002).
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #042-2015 - Approval of a Conditional Use Grant for the Mark and Pam
Godsell property located in the NW 1/4 of Section 35 (Tax Key No. 2298.988 / S105 W15585
Loomis Drive).
Commissioner Jacques made a motion to approve RESOLUTION #042-2015 -
Approval of a Conditional Use Grant for the Mark and Pam Godsell property located
in the NW 1/4 of Section 35 (Tax Key No. 2298.988 / S105 W15585 Loomis Drive).
Commissioner Madden seconded.
Motion Passed 6 in favor.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Buckmaster made a motion to adjourn at 6:36 PM. Commissioner
Jacques seconded.
Motion Passed 6 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
City of Muskego
Plan Commission Supplement PC 048-2015
For the meeting of: September 1, 2015
REQUEST: Conditional Use Grant for a Guest House
W167 S11091 Loomis Drive/ Tax Key No. 2295.995.003
SW ¼ of SECTION 34
PETITIONER: Thomas and James Huckstorf
INTRODUCED: September 1, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 048-2015
The petitioner owns this property containing one single family residence and wishes to build a guest house on the
property. Guest houses are allowable with the approval of a Conditional Use Grant (CUG). The code states that
guest houses must be on lots of at least 120,000 square feet, shall not be rented or leased, and shall be at least
1,200 square feet in size.
CONSISTENCY WITH ADOPTED PLANS PC 048-2015
Comprehensive Plan: The 2020 Plan depicts the parcel for rural density residential uses. The
proposal is consistent with the plan.
Zoning: The property is zoned A-1 Agricultural District. Guest houses are permitted by
Conditional Use Grant in said district. The proposal is consistent with the plan.
STAFF DISCUSSION PC 048-2015
The petitioner has applied for approvals to be allowed a guest house on their property. Their lot is over 13 acres in
size and has plenty of room for construction of the guest house. The guest house is proposed to be 1,216 square
feet is size and is proposed to meet all setbacks and offsets. The guest house will contain an attached garage, a
covered front porch, and a rear deck.
The guest house will be used for/by visiting family. It will not be rented or leased, and the resolution is drafted
stating such as a condition of approval.
The guest house will be required to be approved through the building permit process the same as any other new
homes would.
STAFF RECOMMENDATION PC 048-2015
Approval of Resolution # PC 048-2015
MUSK EG Othe City of
Ar ea o f Inte restI05001,000
Fee t
Ag en da Item(s)
Pr op er tie s
Zon in g D istr ic ts
Rig ht -o f-Way
Hy dr og rap hy
Supp lem ental MapRESOLUTION #PC 04 8-2015
Tho mas a nd J a mes Hu cks to rf W1 67 S11 09 1 Lo omis Dr ive
J A N E S V I L L E
L O O M I S R D
RA
CIN
E
AV
DURHAM
W O O D S
CO LL EG E
Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 8 /1 9/2 0 15
RESOLUTION #P.C. 048-2015
APPROVAL OF A CONDITIONAL USE GRANT
FOR A GUEST HOUSE ON THE HUCKSTORF PROPERTY LOCATED AT
W167 S11091 LOOMIS DRIVE (TAX KEY 2295.995.003)
WHEREAS, Plans were submitted by Thomas and James Huckstorf for a Conditional Use Grant
(CUG) for the purpose of allowing a guest house at the property known as W167 S11091 Loomis
Drive / Tax Key 2295.995.003, and
WHEREAS, Said property is currently zoned A-1 Agricultural District, and said use is a permitted
use by Conditional Use Grant, and
WHEREAS, The petitioner owns this property containing one single family residence and wishes
to build a guest house on the property, and
WHEREAS, A principal dwelling and a guesthouse are allowed pursuant to Section 17:8.01 of the
Zoning Code, which permits guest houses on lots of at least 120,000 square feet provided such
structure shall not be rented or leased, and such structure shall be a minimum of 1,200 square
feet in size, and
WHEREAS, Petitioner and/or direct family proposes to occupy the guest house without intentions
of renting or leasing the structure, and
WHEREAS, The guest house will meet the 1,200 square foot minimum size requirement, and
WHEREAS, The parcel meets the 120,000 square foot minimum size requirement.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for a guest house at the Huckstorf property located at W167 S11091 Loomis Drive.
BE IT FURTHER RESOLVED, That the guest house shall not be rented or leased, and shall only
be occupied in accordance with Section 17:8.01 of the City of Muskego Zoning Code.
BE IT FURTHER RESOLVED, That the guest house shall meet all building and zoning
requirements at the time of permitting.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file and that all aspects of this
plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 1, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 048-2015
For the meeting of: September 1, 2015
REQUEST: Conditional Use Grant for a Guest House
W167 S11091 Loomis Drive/ Tax Key No. 2295.995.003
SW ¼ of SECTION 34
PETITIONER: Thomas and James Huckstorf
INTRODUCED: September 1, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 048-2015
The petitioner owns this property containing one single family residence and wishes to build a guest house on the
property. Guest houses are allowable with the approval of a Conditional Use Grant (CUG). The code states that
guest houses must be on lots of at least 120,000 square feet, shall not be rented or leased, and shall be at least
1,200 square feet in size.
CONSISTENCY WITH ADOPTED PLANS PC 048-2015
Comprehensive Plan: The 2020 Plan depicts the parcel for rural density residential uses. The
proposal is consistent with the plan.
Zoning: The property is zoned A-1 Agricultural District. Guest houses are permitted by
Conditional Use Grant in said district. The proposal is consistent with the plan.
STAFF DISCUSSION PC 048-2015
The petitioner has applied for approvals to be allowed a guest house on their property. Their lot is over 13 acres in
size and has plenty of room for construction of the guest house. The guest house is proposed to be 1,216 square
feet is size and is proposed to meet all setbacks and offsets. The guest house will contain an attached garage, a
covered front porch, and a rear deck.
The guest house will be used for/by visiting family. It will not be rented or leased, and the resolution is drafted
stating such as a condition of approval.
The guest house will be required to be approved through the building permit process the same as any other new
homes would.
STAFF RECOMMENDATION PC 048-2015
Approval of Resolution # PC 048-2015
MUSK EG Othe City of
Ar ea o f Inte restI05001,000
Fee t
Ag en da Item(s)
Pr op er tie s
Zon in g D istr ic ts
Rig ht -o f-Way
Hy dr og rap hy
Supp lem ental MapRESOLUTION #PC 04 8-2015
Tho mas a nd J a mes Hu cks to rf W1 67 S11 09 1 Lo omis Dr ive
J A N E S V I L L E
L O O M I S R D
RA
CIN
E
AV
DURHAM
W O O D S
CO LL EG E
Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 8 /1 9/2 0 15
RESOLUTION #P.C. 048-2015
APPROVAL OF A CONDITIONAL USE GRANT
FOR A GUEST HOUSE ON THE HUCKSTORF PROPERTY LOCATED AT
W167 S11091 LOOMIS DRIVE (TAX KEY 2295.995.003)
WHEREAS, Plans were submitted by Thomas and James Huckstorf for a Conditional Use Grant
(CUG) for the purpose of allowing a guest house at the property known as W167 S11091 Loomis
Drive / Tax Key 2295.995.003, and
WHEREAS, Said property is currently zoned A-1 Agricultural District, and said use is a permitted
use by Conditional Use Grant, and
WHEREAS, The petitioner owns this property containing one single family residence and wishes
to build a guest house on the property, and
WHEREAS, A principal dwelling and a guesthouse are allowed pursuant to Section 17:8.01 of the
Zoning Code, which permits guest houses on lots of at least 120,000 square feet provided such
structure shall not be rented or leased, and such structure shall be a minimum of 1,200 square
feet in size, and
WHEREAS, Petitioner and/or direct family proposes to occupy the guest house without intentions
of renting or leasing the structure, and
WHEREAS, The guest house will meet the 1,200 square foot minimum size requirement, and
WHEREAS, The parcel meets the 120,000 square foot minimum size requirement.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant for a guest house at the Huckstorf property located at W167 S11091 Loomis Drive.
BE IT FURTHER RESOLVED, That the guest house shall not be rented or leased, and shall only
be occupied in accordance with Section 17:8.01 of the City of Muskego Zoning Code.
BE IT FURTHER RESOLVED, That the guest house shall meet all building and zoning
requirements at the time of permitting.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file and that all aspects of this
plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 1, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 050-2015
For the meeting of: September 1, 2015
REQUEST: Building, Site, and Operation Plan Amendment – Muskego Beer and Liquor
Tax Key No. 2193.059 / S75 W17308 Janesville Road
NE ¼ of Section 9
PETITIONER: Clark Fischer
INTRODUCED: September 1, 2015
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 050-2015
The Muskego Beer and Liquor property would like to make extensive exterior modifications to the structure
in light of the recent Janesville Road reconstruction that has taken place in front of the property.
PLAN CONSISTENCY PC 050-2015
Comprehensive Plan:
The 2020 Plan depicts the parcel for commercial use. The proposal is
consistent with the plan.
Zoning:
The property is zoned B-4 – Highway Business District. The proposal is
consistent with the plan.
DISCUSSION PC 050-2015
Please find in the submittal a narrative, colored building rendering and before/after building elevations. Per
the plans found in the supplement the proposal is to change the following on the exterior of the structure:
Upgrade and replace all materials on front façade with new shake cedar roofing on the second floor
mansard, new cedar boards covering the former A/C areas on the second floor, fiber cement siding
on the first floor, addition of new Lannon stone along the base front of the structure, increased
wrapping of new stone on the front corners, and a more attractive entryway with timbers and stone
columns,
The new cedar mansard roof will be upgraded around the whole structure, and
The sides of the structure are intended to be painted an earth tone matching the new materials on
the front of the structure, and
The fire wall separation wall along the roof will also be painted an earth tone matching the new
materials on the front of the structure
NOTE: The following improvements have been completed to date: Parking lot upgrade and resurface, new
monument sign with electronic reader board, and paver brick base for monument sign that matches city
pavers along Janesville Road.
Overall, the proposal is greatly improving the state of the property and structure and bringing it up to date to
what we want to see along Janesville Road. The proposed upgrade should work well with the many
upgrades approved and in construction around the same block as Muskego Liquor.
STAFF RECOMMENDATION Resolution PC 050-2015
MUSK EG Othe City of
Ar ea o f Inte restI0125250
Fee t
Ag en da Item(s)
Pr op er tie s
Zon in g D istr ic ts
Rig ht -o f-Way
Hy dr og rap hy
Supp lem ental MapRESOLUTION #PC 05 0-2015
Muske go Be er a nd L iqu or S7 5 W 173 08 Ja nes v ille Ro ad
J A N E S V I L L E
L O O M I S R D
RA
CIN
E
AV
DURHAM
W O O D S
CO LL EG E
Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 8 /1 9/2 0 15
RESOLUTION #P.C. 050-2015
APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN
FOR MUSKEGO BEER AND LIQUOR LOCATED IN THE NE ¼ OF SECTION 9
(TAX KEY NO. 2193.059 / S75 W17308 JANESVILLE ROAD)
WHEREAS, Plans were submitted by Clark Fischer for an amendment to a Building, Site and Operation
Plan for the Muskego Beer and Liquor property located in the NE ¼ of Section 9 (Tax Key No. 2193.059 /
S75 W Janesville Road), and
WHEREAS, Muskego Beer and Liquor would like to make extensive exterior modifications to the
structure, and
WHEREAS, Per the plans found in the supplement the proposal is to change the following on the exterior
of the structure:
Upgrade and replace all materials on front façade with new shake cedar roofing on the second
floor mansard, new cedar boards covering the former A/C areas on the second floor, fiber
cement siding on the first floor, addition of new Lannon stone along the base front of the
structure, increased wrapping of new stone on the front corners, and a more attractive entrywa y
with timbers and stone columns,
The new cedar mansard roof will be upgraded around the whole structure, and
The sides of the structure are intended to be painted an earth tone matching the new materials
on the front of the structure, and
The fire wall separation wall along the roof will also be painted an earth tone matching the new
materials on the front of the structure, and
WHEREAS, The following improvements have been completed to date: Parking lot upgrade and
resurface, new monument sign with electronic reader board, and paver brick base for monument sign that
matches city pavers along Janesville Road.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and
Operation Plan for the Muskego Beer and Liquor property located in the NE ¼ of Section 9 (Tax Key No.
2193.059 / S75 W17308 Janesville Road).
BE IT FURTHER RESOLVED, That signage must receive the proper permits from the Community
Development Department.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and
that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan
Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall
result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 1, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 051-2015
For the meeting of: September 1, 2015
REQUEST: Rezoning from RL-3 to PD-14, a PD-14 Amendment
Tax Key Nos. 2193.970.028, 2193.970.029, and 2195.999
SE ¼ of Section 9
PETITIONER: Ener-Con Companies Inc.
INTRODUCED: September 1, 2015
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 051-2015
The petitioner has submitted a rezoning request for three (3) parcels along Janesville Road just north of Pioneer Drive.
The rezoning request is to amend the existing PD-14 Bay Breeze Planned Development Zoning District for the two
easternmost parcels per the submittal described in more detail below AND to rezone the westernmost parcel from RL -3
Lakeshore Residence District to be included in the exist ing PD-14 Bay Breeze Planned Development Zoning District per
the submittal described in more detail below.
Plan Commission will note that these are the same properties that were requested for a rezoning back in September
2014 by Ener-Con.
PLAN CONSISTENCY PC 051-2015
Comprehensive Plan: The 2020 Plan depicts the areas for Medium Density Residential use.
The proposal is consistent with the Plan.
Zoning: Discussed in detail below along with a proposed concept plan of why the
rezoning is being requested.
Park and Open Space Plan: No acquisitions or trail requirements are proposed in this area. The
proposal is consistent with the Plan.
Conservation Plan: No acquisition or management priorities are depicted in this area. The
proposal is consistent with the Plan.
Street System Plan: Janesville Road was previously dedicated. The proposal is consistent
with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
Public sanitary sewer serves the property. The proposal is consistent
with the Plan.
Water Capacity Assessment
District:
The property is served by public water service. The proposal is
consistent with the Plan.
Stormwater Management
Plan:
Stormwater management would be required for the future concept
development shown as part of the rezoning. The proposal is consistent
with the Plan.
DISCUSSION PC 051-2015
The properties and rezoning requests consist of the following:
Tax Key No. 2193.970.029 owned by Michael Dilworth (easternmost parcel)
o ~3.132 acres of land with residential structure existing upon it
o ~231.94 feet of Little Muskego Lake frontage
o ~204.46 of Janesville Road frontage
o $1,378,100 Assessed value ($520,500 land / $857,600 improvements)
o Rezoning request for this parcel is to amend the existing PD -14 Bay Breeze Planned Development
Zoning District it currently resides in per the submittal described in more detail below.
Tax Key No. 2193.970.028 owned by Michael Dilworth(central parcel)
o ~2.129 acres of land with residential structure existing upon it
o 195.31 feet of Little Muskego Lake frontage
o ~264.08 of Janesville Road frontage
o $957,700 Assessed value ($478,100 land / $479,600 improvements)
o Rezoning request for this parcel is to amend the existing PD -14 Bay Breeze Planned Development
Zoning District it currently resides in per the submittal described in more detail below.
Tax Key No. 2195.999 owned by Dan Hewitt (westernmost parcel)
o ~1.44 acres of vacant land
o 0 feet of Little Muskego Lake frontage
o ~116.86 of Janesville Road frontage
o $155,600 Assessed value ($155,600 land / $0 improvements)
o Rezoning request for this parcel is to rezone the parcel from RL -3 Lakeshore Residence District to be
included in the existing PD-14 Bay Breeze Planned Development Zoning District per the submittal
described in more detail below.
PAST Rezoning Request
The Council approved a rezoning to amend the PD-14 Planned Development Zoning District for Ener-Con on November
11, 2014 per Ordinance #1385 that allowed the following:
Remove the residential structure and associated accessory structures on the middle parcel but retain
the single family home on the easternmost parcel.
Create a new single-family community along the northwest portion of the property along Little Muskego
Lake consisting of five (5) garden homes. Homes to have “high end architecture”, private pool, and lake
frontage/piers.
Create multi-family housing units consisting of one (1) structure situated up along Janesville Road.
Structure would consist of a twelve (12) unit complex to the west. Building would be built in two stories
with full masonry construction and would include underground parking. Every unit would have lake
views.
Piers with boat slips for the development. The amount of boat slips and piers is strictly
governed/permitted by the WDNR.
All three original parcels were intended to be on one shared condo plat lot with associated condo
restrictions for private and common areas.
Total of eighteen (18) units over approximately 6.7 acres, which results 2.69 units/acre or 1 unit per
16,214 square feet.
NEW Rezoning Request
Ener-Con is looking to amend this rezoning approval to be all single family houses now as they believe the market
dynamics have changed. A full rezoning is required since this new request is different in layout and the amount of units
compared to the 2014 request. The new rezoning request consists of the following:
Remove the residential structure and associated accessory structures on the middle parcel but retain
the single family home on the easternmost parcel.
Create a new single-family only community for the entire development consisting of five (5) garden
homes along the Little Muskego Lake frontage and another five (5) garden homes between the lake
frontage homes and Janesville Road. Homes to have “high end architecture” and lake frontage/piers.
Piers with boat slips for the development. The amount of boat slips and piers is strictly
governed/permitted by the WDNR.
The garden homes would be on their own shared condo plat with associated condo restrictions for
private and common areas while the existing home to the east would be split off on its own parcel.
Total of eleven (11) units over approximately 6.7 acres, which results in approx. 1.64 units/acre or 1 unit
per 26,561 square feet. When separating the existing home lot with the proposed condo lot you wou ld
have a density of approximately .36 units/acre or 1 unit per 121,968 square feet for the existing home
(proposed to be on 2.8 acres) and a density of approx. 2.56 units/acre or 1 unit per 17,016 square feet
for the proposed 10-unit condo lot (proposed to be on 3.9 acres).
Please find the developer submittal attached consisting of an application, narrative, marketing memo for development,
site plans, and building elevations/renderings of what the proposed garden homes will be like. A site plan from the past
rezoning approval in November 2014 is also attached for PC convenience.
PD-14 History
The original Bay Breeze planned development (PD -14) was approved back in 1990 and allowed the 74 units of Bay
Breeze condominiums as they exist today. Originally the city approved a mixed use facility (offices & restaurant) and a
seven (7) parcel single family development for the PD west of the Bay Breeze condominiums. Over time the PD was
amended to remove the mixed use facility, but up to 10 units of residential were allowed in its place. Along with the
prior seven (7) units of residential, a total of seventeen (17) units were allowed where four (4) single family structures
now exist today. The original PD-14 density was not based on any specific calculations but on how the development fit
into the surrounding neighborhood at the time.
Former DJs Parcel History
The former DJs Bar and Grill property is zoned RL-3 which allows land divisions under the RS-3 density (15,000 SF per
parcel). Recent approvals for that site by the Council did allow up to four (4) units of residential along with the allowance
to rebuild a bar/restaurant. The Council approved the DR-1 zoning district there, contingent on the restaurant and up to
4 units getting built which is now not taking place. One note is that the DR-1 zoning district does allow 1 residential unit
per 7,200 square feet of land area.
Proposed Development Density
In all, the density created by this plan would be a total of eleven (11) units over approximately 6.7 acres, wh ich results in
approx. 1.64 units/acre or 1 unit per 26,561 square feet. When separating the existing home lot with the proposed
condo lot you would have a density of approx. .36 units/acre or 1 unit per 121,968 square feet for the existing home
(proposed to be on 2.8 acres) and a density of approx. 2.56 units/acre or 1 unit per 17,016 square feet for the proposed
10-unit condo lot (proposed to be on 3.9 acres).
The new PD-14 would now have a total of fourteen (14) units west of the Bay Breeze condos cons isting of the three (3)
easternmost single-family residential homes to remain and the ten (10) garden homes. When considering four (4) units
were allowed for the DJs parcel (per the recent Council approval) and 17 units were allowed in the original PD, thi s
fourteen (14) units is less than what the original PD-14 zoning had back in 1990. The Bay Breeze Condos are at 4
units/acre OR 1 unit for every 10,949 SF (74 units on 18.6 acres (810,216 SF)) and are shown as High Density uses in
the 2020 Comp Plan.
Planned Development Zoning Ordinance
A planned development zoning district is written in the City’s zoning code to allow development, subject to Council
determination, as follows:
This district is intended to allow for greater freedom, imagination, and flex ibility in the development of land while
insuring substantial compliance to the intent of the normal district regulations of this ordinance. To this intent it
allows diversification and variation in the relationship of uses, structures, open spaces, and h eights of structures
in developments conceived, and planned as comprehensive and cohesive unified projects. It is further intended
to encourage more rational and economic development with relationship to public services, and to encourage
the preservation of open land.
Individual uses and structures in a Planned Development Project District 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 the basis for approval below.
As mentioned, the past PD-14 didn’t have a general density that it was following when the first PD was approved.
Rather, the Council at that time approved the development based on how it fit into the neighborhood along the lake and
Janesville Road. Overall, the Council has flexibility in approving a planned development amendment r equest as they
can attribute the density to existing zoning districts that are in place should they want to. For reference, the proposed
unit density is comparable to the City’s RS-3 single-family zoning district density of 1 unit per 15,000 square feet.
2020 Comprehensive Plan
This request does not require an amendment to the 2020 Comprehensive Plan. This area is reserved for Medium
Density Residential Uses equaling 1-2.99 units/acre OR up to 1 unit for every 14,568 square feet (43,568 SF/2.99)).
Again, the requested density today shows a total of 11 units on the 6.7 acres resulting in approx. 1.64 units/acre or 1
unit per 26,561 square feet. When separating the existing home lot with the proposed condo lot you would have a
density of approximately .36 units/acre or 1 unit per 121,968 square feet for the existing home (proposed to be on 2.8
acres) and a density of approx. 2.56 units/acre or 1 unit per 17,016 square feet for the proposed 10 -unit condo lot
(proposed to be on 3.9 acres).
Future Building, Site, and Operation Plan
After approval of the rezoning the developer would have to come back thru Planning Commission to receive formal
approval of a BSO plan. This would consist of a certified survey map that would break up the main home to the east
from the ten proposed garden home lots. Further, a condo plat, condo declarations/covenants (outlining private/common
areas, etc.), base building architecture, and any utility plans (along with any required developer’s agreements) would
need to be approved by Planning Commission as well before any development can officially occur and building permits
pulled. The developer intends to have this all ready for the October Plan Commission meeting.
Public Hearing
The Council held the public hearing for this request at their Tuesday August 25th meeting. At that meeting five (5) people
spoke. See below to see what was stated along with staff comments/answers if applicable:
The PD-14 text within the Zoning Code should be amended to reflect the proper number of units originally
allowed (per the Developers Agreements) under the original PD. This is already a part of the Council
ordinance.
The new single-family homes keep the flavor of Muskego.
Like the plan more than the previous plan.
The proposal could increase lake activity, piers, and lake traffic.
The new plan is an improvement.
The proper zoning is not being applied. The proposal fits within what is allowable under PD-14.
Chapter 18 needs to be followed. Chapter 18 applied only to land divisions and any future land division
will need to meet Chapter 18. Building sites within a condo plat are not treated the same as a privately
owned divided lot in Chapter 18 and the PD is approving the concept shown.
The proposal does not meet the lot division code, as there is a flag lot proposed and does not meet minimum
requirements A condo plat and CSM will be a part of future approvals and to date meet our allowable
codes.
Public lake access must be provided given the proximity to other lake access sites. Not true. Public access
lots are found within .35 miles west and .25 miles east which already meet State codes.
Happy to see this proposal takes steps in the right direction. It fits well, but needs a few adjustments.
The RS-3 zoning regulations should be met on the former Hewitt lot as that was the intentions of PD-14
originally. Intent was density actually (up to 4 units for that lot), not actual lot sizes.
The eastern remaining home will have a lower value due to its flag lot shape and its proximity to the common
park space.
While the ordinance limits future divisions, this could be back when the eastern home is to be sold someday
and the owner wants to do some type of development there too.
In favor of the single-family homes in this area.
Wondered what would this development look like under the RS-3 zoning.
Concerned with the setbacks (as drawn) along Little Muskego Lake. The setbacks from any lake in Muskego
are required to follow a 50 foot setback. That is the same throughout the City.
Thought that a 75 foot lake setback should be adhered to.
The buildings seem too tall (over 30’). All buildings will need to meet the 30 foot height limit, as measured
to the mid-point of the highest gable.
Do restrictions (size, height, location, etc.) apply to this? Do they follow wh at was agreed to in the past? The
same single family homes proposed during the rezoning are what are proposed here in 2015.
Planned Development Zoning Code
It should be noted that the past rezoning proposal was fairly contentious and the Plan Commission formally went thru
each aspect of the City’s rezoning code Section 9.04 with the City Attorney at their meeting. Ultimately it was found that
the past proposal, with its higher density and multi-family proposed uses, met the requirements of Section 9.04. This
section of the zoning code is attached herein for the PC reference.
9.04 BASIS FOR APPROVAL
(1) 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:
A. 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 overl ay of the PD 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.
B. That the proposed development is consistent in all respects to the spirit and intent of this Ordinance, is in
conformity with the general plans for community development, 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 justifies the variation from the normal requirements of this Ordinance through t he application
of the PD Planned Development Overlay District.
C. In the case of proposed residential developments:
1. 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.
2. 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.
3. That the project will not create traffic or parking demand incompatible with that anticipated under the
Comprehensive Plan.
4. That the total average residential density of the project will be compatible with the Comprehensive Plan,
except as may be modified by this Section.
5. 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.
6. 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.
7. In the case of an PD Planned Development District, private preservation of the open space area shall be
guaranteed and shall be protected against building and development by conveying to the municipality as
Section of the conditions for project approval an open space easement over such open areas re stricting
the area against any future building or use except as is consistent with that of providing landscaped open
space for the esthetic and recreational benefit of the surrounding residences. Buildings or uses for non -
commercial recreational or cultural purposes compatible with the open-space objective may be permitted
only where specifically authorized as Section of the project plan or subsequently with the express
approval of the Common Council following approval of building, site and operational pla ns by the Plan
Commission.
8. The care and maintenance of such open space reservations shall be insured either by establishment of
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 special assessment on the tax bills of
properties within the project area. In any case the Common Council shall have th e 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.
9. Ownership and tax liability of private open space reservation shall be established in a manner acceptable
to the municipality and made a Section of the conditions of the plan approval.
STAFF RECOMMENDATION PC 051-2015
Approval of Resolution PC 051-2015. Seeing that the new rezoning is less intense than the previous approval,
the submittal meets the Comprehensive Plan, and that the PD proposal passes the “Basis for Approval” test of
the zoning code in Section 9.04.
The resolution is subject to:
The resolution is subject to a recommendation to the Council to include in the ordinance that no future units are
approved for this site so as not to allow the existing single-family site to be developed similar to this approval in
the future.
The resolution is subject to a recommendation to the Council to include in the ordinance that the rezoning only
takes effect upon approval and execution of Plan Commission approved BSO Plans for all elements of the
proposed development and Common Council approved developer’s agreements outlining developer
improvements.
MUSK EG Othe City of
Ar ea o f Inte restI0160320
Fee t
Ag en da Item(s)
Pr op er tie s
Zon in g D istr ic ts
Rig ht -o f-Way
Hy dr og rap hy
Supp lem ental MapRESOLUTION #PC 05 1-2015
En er -Con C om pan ies Ja nes ville R oad
J A N E S V I L L E
L O O M I S R D
RA
CIN
E
AV
DURHAM
W O O D S
CO LL EG E
Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 8 /1 9/2 0 15
RESOLUTION #P.C.051-2015
RECOMMENDATION TO COUNCIL TO REPEAL ORDINANCE 1385 AND AMEND THE
ZONING MAP OF THE CITY OF MUSKEGO FOR ENER-CON COMPANIES FOR PROPERTIES
LOCATED IN THE SE ¼ OF SECTION 9
(TAX KEY NOS. 2195.999, 2193.970.028, & 2193.970.029 / JANESVILLE ROAD)
FOR THE DEVELOPMENT KNOWN AS MUSKEGO BEACH CLUB
WHEREAS, On July 23, 2015 a petition for a rezoning was submitted by Ener-Con Companies,
Inc. to rezone three (3) properties along Janesville Road just north of Pioneer Drive (Tax Key Nos.
2195.999, 2193.970.028, & 2193.970.029/ Janesville Road), and
WHEREAS, The rezoning request is to amend the existing PD-14 Bay Breeze Planned
Development Zoning District for the two easternmost parcels and to rezone the westernmost
parcel from RL-3 Lakeshore Residence District to be included in the existing PD-14 Bay Breeze
Planned Development Zoning District all per the rezoning development submittal, and
WHEREAS, The submittal includes the following amendments to the PD-14:
Remove the residential structure and associated accessory structures on the
middle parcel but retain the single family home on the easternmost parcel,
Create a new single-family community along the northwest portion of the property
along Little Muskego Lake consisting of ten (10) “beach homes.” Homes to have
“high quality standards” and lake frontage and/or access,
Piers with boat slips for the development. The amount of boat slips and piers is
strictly governed/permitted by the WDNR,
The garden homes would be on their own shared condo plat with associated
condo restrictions for private and common areas while the existing home to the
east would be split off on its own parcel,
Total of eleven (11) units over approximately 6.7 acres, which results in approx.
1.64 units/acre or 1 unit per 26,561 square feet. When separating the existing
home lot with the proposed condo lot you would have a density of approx. .36
units/acre or 1 unit per 121,968 square feet for the existing home (proposed to be
on 2.8 acres) and a density of approx. 2.56 units/acr e or 1 unit per 17,016 square
feet for the proposed 10-unit condo lot (proposed to be on 3.9 acres), and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on August
25, 2015, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for medium density residential
land uses (1-2.99 units/acre) and the proposal is consistent with the Comprehensive Plan, and
WHEREAS, A Planned Development Zoning District allows for greater freedom, imagination, and
flexibility in the development of land while insuring substantial compliance to the intent of the
normal district regulations of the City’s ordinances, and
WHEREAS, The property is currently served by municipal sanitary sewer and municipal water,
and
WHEREAS, The City Council adopted Ordinance No. 1385 on or about November 11, 2014,
which would have rezoned the subject property, but by its terms such rezoning has not taken
effect and the Developer has since substantially changed the development plans, and therefore
has re-commenced the rezoning process, and
WHEREAS, The Plan Commission has carefully considered the standards described in Section
9.04 of the City Zoning Code, and has concluded that the proposed development will satisfy such
conditions.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to repeal Ordinance 1385 and amend the existing PD-14
Bay Breeze Planned Development Zoning District for the two easternmost parcels and to rezone
the westernmost parcel from RL-3 Lakeshore Residence District to be included in the existing PD-
14 Bay Breeze Planned Development Zoning District (Tax Key Nos. 2195.999, 2193.970.028, &
2193.970.029/ Janesville Road).
BE IT FURTHER RESOLVED, That this resolution recommends to the Council to include in the
ordinance that no future units are approved for this site so as not to allow the existing single-family
site to be developed similar to this approval in the future.
BE IT FURTHER RESOLVED, That this resolution recommends to the Council to include in the
ordinance that the rezoning only takes effect upon approval and execution of Plan Commission
approved BSO Plans for all elements of the proposed development and Common Council
approved developer’s agreements outlining developer improvements.
BE IT FURTHER RESOLVED, That Plan Commission approvals (Building, Site and Operation
Plans, Condo Plats, CSMs, etc.) will be required in the future for all uses shown in the concept
plan for this proposed rezoning.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 1, 2015
ATTEST: Kellie McMullen, Recording Secretary
Current Zoning & 2020 Land Use Proposed Zoning & 2020 Land Use
Ener-Con RezoningEner-Con Rezoning
Created By:
City of Muskego
August 19, 2015´Legend
Affected Properties
Zoning
Right-of-Way
Structures
Water Body
Janesville
R
o
a
d
Parcels
RS-3
PD-14
(Single-Family/Multi-Family)
RL-3
Pi
o
n
e
e
r
D
r
i
v
e
High Density Res.
Commercial
Medium Density Res.
2020 Land Use
Petitioner: Ener-Con Companies
Tax Key Number:2193.970.028, 2193.970.029,
& 2195.999
I-1
B-3
B-3
HC-1
PD-10
(Single-Family)
PI-1
Little
Muskego
Lake
Government & Institutional
Janesville
R
o
a
d
RS-3
PD-14
(Multi-Family)
RL-3
Pi
o
n
e
e
r
D
r
i
v
e
I-1
B-3
B-3
HC-1
PD-10
(Single-Family)PI-1
Little
Muskego
Lake
RL-3
ERS-3
I-1
RL-3
ERS-3
I-1
B-4 B-4
PD-14
(Single-Family)
11
80'
SCALE 1"=40'
40'0'40'80'
Te
l
e
:
(
2
6
2
)
6
3
4
-
5
5
8
8
F
a
x
:
(
2
6
2
)
6
3
4
-
5
0
2
4
14
5
8
H
o
r
i
z
o
n
B
l
v
d
.
S
u
i
t
e
2
0
0
,
R
a
c
i
n
e
,
W
I
.
5
3
4
0
6
W
e
b
s
i
t
e
w
w
w
.
n
m
b
s
c
.
n
e
t