PCR2014052_Reconsidered&AdoptedRESOLUTION #P.C. 052-2014
RECOMMENDATION TO COUNCIL TO 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)
WHEREAS, On August 26, 2014 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 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 are intended consisting of a pier to be retained for the
existing single-family home and individual piers for the garden homes. No piers
for the multi-family units. The amount of boat slips and piers is strictly
governed/permitted by the WDNR, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on
September 23, 2014, and
WHEREAS, The 2020 Comprehensive Plan already identifies this area for medium density
residential land uses (1-2.99 units/acre) and the proposal shows a density of 2.69 units/acre
which doesn’t require a 2020 Comprehensive Plan amendment, 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.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning 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 (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: Reconsidered & Adopted November 4, 2014
Defeated: October 7, 2014
Deferred:
Introduced: October 7, 2014
ATTEST: Kellie McMullen, Recording Secretary