ORD20031143-vetoed...
CITY OF
~~~MUSKBGO
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OFFICE OF THE CLERK-TREASURE~
Jean K. Marenda, CMC
Clerk-Treasurer
(262) 679-5625
jmarenda@ci.muskego.wi.us
July 15, 2003
\, Jill Blenski, Deputy Clerk of the City of Muskego, do hereby certify that on July 10,
2003, Mayor Mark A. Siocomb of the City of Muskego, did veto Ordinance #1143, "An
Ordinance to Amend the Zoning Map of the City of Muskego (Schmitt Property-
Hillendale Drive - A to R-3)," which was adopted by a vote of 3 "yes" and 2 "no" votes
at the Common Council meeting held July 8, 2003.
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CITY OF MUSKEGO
(2L~' ~~I:nski, CMC
Deputy Clerk .
cc: Aldermen
Attorney Molter
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W182 88200 Racine Avenùe . Box 749 . Muskego, Wisconsin 53150-0749 . Fax (262) 679-4106
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.CITY OF
_~MUSKBGO
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7/10/2003
OFFICE OF THE MAYOI',
Mark A. Slocomb
Mayor
(262) 679-4188
mslocomb@ci.muskego.wi.us @
To: City Clerk-Treasurer Jean Marenda
Subject: Veto of Ordinance 1143
Dear Ms. Marenda
I am unable to support the passage by the Council on July 8, 2000 of Ordinance Il43 entitled
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
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(Schmitt Property - Hillendale Dive)
(A to R-3)
and I am therefore exercising my veto authority.
Ordinance Il43 rezones a 27-28 acre land area consisting of tax keys 2232,980 and 2232.981,
from A-Agriculture district to R-3 - Country Home district. The A-Agricultural district allows
minimum lot sizes of 120,000 SF with a 300 Ft minimum average lot width. R-3 - Country
Home district allows minimum lot sizes of 40,000 SF with a 150 Ft minimum average lot width.
The subject parcels border but are outside the MMSD 208 sewer service area, therefore requiring
onsite waste disposal systems.
My veto of Ordinance 1143 is based on the following:
1. The Plan Commission and Common Council have directed staff to eliminate the R-I, R-2,
and R-3 zoning districts when the Zoning Code is recreated later this year. It is anticipated
that any property zoned R-3 would be rezoned to RS-2 (unsewered). To now allow a
rezoning to R-3 has the potential to create a large number of l50 Ft wide legal non-
conforming lots as the unsewered RS-2 district has a 220 Ft minimum requirement. This
assumes there is an approved final plat prior to the mass rezoning that is to talce place when
the zoning code is recreated. To intentionally create non-conformity is not acceptable,
Should the zoning code recreation and mass rezoning take place prior to final plat approval, it
is anticipated that the owner/developer would now find themselves forced to re-engineer and
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W182 88200 Racine Avenue. Box 749 . Muskego, Wisconsin 53150-0749 . Fax (262) 679-5630 ".f ( .
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Ordinance 1143 Veto Page 2 7/10/03
re-layout the development at significant added cost to comply with the 220 Ft minimum
average lot width requirement of the unsewered RS-2 district.
2. The current 2010 Comprehensive Plan depicts the subject area for agriculture and open space.
However, the Plan does specifY that land divisions within the classification would be
permissible using Rural Country Estate densities, with parcels of 120,000 Sf or greater being
acceptable. To potentially triple the use density by rezoning to 40,000 SF minimum lots
without taking into account the impact on the comprehensive plan, surrounding future land
use and the effect on ultimate city build out is also not acceptable.
Should the council apply this same logic to all lands identified as A-Agricultural would result
in a potential additional build out population increase of 10,000 or more. The policy
implications of going ftom a built out population of 35-38,000 to a possible 50,000 are
staggering and must be. taken into consideration.
3. Additionally, I am also taking into consideration the various Plan department reports on this
issue, the negative support at the public hearing presentation and the adverse recommendation
ofthe Plan Commission.
It is for the above that I am vetoing Ordinance 1143.
Sincerely,
t1dJt-1~ Mark A. Slocomb, Mayor
City of Muske go
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Edgewood Contractors, Inc.
S83W20607 Janesville Rd.
And Southerly 15 acres
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; UÙ ,\iAY I 6 2003 :IJ)
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.-.J UI:1.USKEGO PL!\r~!-JIi'K
Request to rezone to R-3
After conducting a market study exceeding a year in length, we have found that
there is a very limited market for Agricultural lots with sizes of approximately
2.75 acres. The individuals that own a few horses or other livestock are normally
looking for more acreage, as well as, requesting buildings and activities that
will not maximize the potential of the property. The demand for these parcels
are very low.
On Agricultural lots, the requested buildings have been small, of lower quality
materials and normally require outbuildings alfd metal fencing. Furthermore, the
overall eye appeal and alue of these properties is much lower than what we are
proposing. These requests are on~ % of calls received..
The majority of potential purchasers are looking for approximately an acre and
are willing to build moderate to upper end homes. Approximately 50% of the
aforementioned majority, reside in Muskego and are looking to upgrade, yet
want the ability to stay within the same school system.
We feel that the highest and best use of the property be R-3 which has a minimum
lot size of 40,000 square feet, however our minimum would be 43,560 square feet.
The property would be serviced by Municipal Water and priv~te septic or mound
systems, therefore our density would be limited to 21 home sites, one already
containing an existing home. This would create an open country estate type
development with guaranteed protection of conservancy areas. We would not
request sewer service.
We would have moderate to better covenants which would emulate and improve
upon directly surrounding subdivisions of Lake Forest, Plum Creek, and Kimberly
Estates. We intend to have final fair market values above $400,000 and hopefully,
attract buyers in the $500,000+ category.
We feel the subdivision would be a huge improvement to the area and is a very
logical setting for a development due to the property already being surrounded
by similar developments. Agricultural does not seem to be the highest and best
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use when properties just to the north have businesses, including a huge True
Value. We have access to Hillendale Rd. Which has easy access to Janesville
and also to Racine Avenue in order to access 1-43.
Although I have represented and sold out 5 subdivisions and was a member
of their Architectural Control Committees, this will be our fIrm's fIrst residential
development. We have contracted over 400 commercial jobs, sold over $5
million in residential lots and have built upper end spec homes. With 15
years in real estate, a WI licensed banker since 1997 and a land owner within
the community for six years, I feel our company would do an excellent job
with this development. We are a minority owned corporation that is highly
committed and determined to bring a beautiful development to the area.
We have insisted on professional home and landscaping designs to insure value
and an aesthetically pleasing neighborhood.
Please review and approve the attached covenants and plans. Thank you for
your time and consideration regarding this rezoning issue.
Sinc~rely
1, .
U9~/'úyJ(JLm7;;tJ
'dayle Schmitt
Edgewood Contractors, Inc.
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RESTRICTIVE COVENANT OUTLINE
1.) OWNER: EDGEWOOD CONTRACTORS, INC.
Gayle Schmitt, Pres.
WI minority corp.
2.) LEGAL DESCRIPTION OF PROPERTIES: mskc 2232980 and mskc 2232 981
S83w20607 Janesville Rd., PT NE1/4SE1/4 SEC 18 T5N R20E LYING SOUTH OF
ELEC. R/W & R/W 1 RD WIDE VOL 564 OF DEEDS PAGE 13.393 AC. AND
SE1/4SE1/4 SEC 18 T5N R20E 15.002 AC PARCEL A CERT SURV 8/63
R628/1023 WD 8/84 R2371/479 WD 1/97
3.) ARCHITECTURAL CONTROL COMMITTEE: Gayle Schmitt, Developer and Jerry
Kontowicz, Realtor.
4.) Land Use: single family residential with RSC i zoning, min. lot size 1 acre
Municipal water private septics/mounds
5.) Construction must be started within 18 mo of closing on lot. No longer than
One year to complete/occ. permit, professionally landscaping with min. of four
6' trees added per lot, paved driveway within one year of occupancy.
6.) Grandfather clause for existing residence, new driveway to enter Heather's Way
Court. Barn removal. Abandon driveway easement to Janesville Rd.
7.) No 2 houses shall have exact same design. No house shall have similar design
Within any four lot section. No repeating color schemes within 4 lot sections.
8.) All natural exterior materials to include culture stone and concrete type siding.
Strict exterior maintenance of same.
9.) All roofs shall have min. 8/12 pitch with 300Ibs/sq.+ or 30 year or better dimensional
Shingles. No tin or metal roofs.
10.) All windows must be 8 square feet or larger. Smaller designer windows upon
approval only.
11.) Minimum square footage: one story 2000, one and one half level (cape cod)
2200, two story 2500, bi-Ievel 2200 on upper level.
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12.) All driveways to be rough graded and graveled before construction. Construction
Deposit of $700 to be submitted to Developer at closing to be held in trust and
Deducted for any clean up fines.
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13.) Proper removal of debrise during construction. No burning without City permission.
14.) Wetlands to be preserved on approximately three lots to be determined.
Woodland to be preserved in conservancy area with only one building site.
15.) Sign easement and maintenance agreement on southerly entrance lot.
16.) Outlot for storm water management/retention pond with maintenance to be
Controlled by Home Owners Assoc. With costs split by all lot owners.
17.) All inside storage of boats, r.v.s, snowmobiles, motorcycles, and all other
Vehicles, tools, or toys. Garbage cans shall be stored in garage or shall
Be screened with natural material fencing not to exceed 4', upon approval only.
18.) No metal fencing, no metal animal kennels, domestic pets to be limited.
19.) Pools, tennis courts, yard gyms, clothes lines in rear yard only upon approval.
20.) No offensive activities creating noise or nuisance to neighbors. No businesses.
21.) Secondary garages shall be allowed upon approval using identical exterior'
materials and colors as home. Design shall be similar to home.
22.) All utilities underground. No visible L.P. tanks, no large antennas, no radio
Towers, no windmills, small satellite dishes only.
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23.) Setbacks, shall comply with City, generally centered from side yard lot lines
Except where conservancy prohibits, min. 50' setback from road for front yard.
24.) Fences shall be limited to rear y!;\rd to preserve open country feeling and shall
Not exceed 4', except where in ground pool may be in place and local codes will
Prevail. Trellises and small portions of free standing fence may be approved
For front yard if part of professionally designed landscape plan.
25.) Welcoming light may be required if City does not provide street lighting. Uniform
White lamp post to be installed to illuminate address and driveway for emergency
Services. .
26.) Initial Architectural Control Committee shall approve and enforce all covenants
Until 80% (or greater) of lots have been sold. Thereafter, Homeowners Assoc
Sháll elect new members, one vote per lot. Life of covenants shall be 25
Years with renewal thereafter.