PCR2014054RESOLUTION #P.C. 054-2014
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM RC-2 (COUNTRY
RESIDENCE DISTRICT) AND RC-3 (COUNTRY RESIDENCE DISTRICT) TO A PD (PLANNED
DEVELOPMENT DISTRICT) FOR PROPERTIES LOCATED IN THE NE ¼ OF SECTION 24
(TAX KEY NO. 2253.998.003 & 2253.998.004)
WHEREAS, On August 27, 2014 a petition to rezone properties from the RC-2 (Country
Residence District) and RC-3 (Country Residence District) to a PD (Planned Development
District) was submitted (Tax Key No. 2253.998.003 & 2253.998.004 /North Cape Road), and
WHEREAS, These parcels previously received rezoning and preliminary plat approvals in 2007
and the petitioners require amendments to the previous approvals due to new substantial changes
in the originally proposed layout, and
WHEREAS, The previous PD approvals allowed 51 lots, all greater than 23,000 square feet,
clustered to the east in return for a 23+ acre lot to the west to be dedicated to the City of Muskego
for conservation purposes since the development lies within the adopted Big Muskego Lake
Wildlife Area, and
WHEREAS, New delineated wetlands have since been found and Towne Realty has worked with
staff to propose a new layout that preserves the original lot count approved in 2007 while
preserving the 2020 Comprehensive Plan density originally approved, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for low density residential uses
consistent with a density of .5-.99 units an acre, and
WHEREAS, Since 2007 a need for a neighborhood park has been found and adopted in the City’s
Parks and Conservation Plan, and
WHEREAS, Towne Realty now proposes to reconfigure lots in the original 2007 plat to allow a
greater dedicated outlot along the northwest portion of the plat along Priegel Drive which would
allow this outlot to be used for a future neighborhood park, and
WHEREAS, The new proposal now shows a total of 53 lots, all of which are still over 23,000
square feet, resulting in a density of .84 units an acre which is still within the 2020 Comprehensive
Plan guidelines of .5-.99 units an acre under the low density requirement, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on
September 23, 2014, and
WHEREAS, The development will be served by existing public sanitary sewer and water.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to a PD (Planned Development District) for Towne Realty
(Tax Key No. 2253.998.003 & 2253.998.004).
BE IT FURTHER RESOLVED, That the Planning Commission recommends the approval due to
the new benefit of a neighborhood park being dedicated to the City of Muskego as per the
recommendations of the currently adopted Parks and Conservation Plan.
BE IT FURTHER RESOLVED, That the Planning Commission recommends that a future
preliminary plat show a connection of the city dedicated outlot running from the new neighborhood
park outlot all the way to the south end of the plat so the city can still have a conservation
dedicated connection like what was originally approved in 2007. This will also allow a future
conservation trail if desired to other Big Muskego Lake Wildlife boundary lots owned by the City
and WDNR to the south and west of the proposed plat.
BE IT FURTHER RESOLVED, That the Planning Commission recommends that the Parks and
Recreation Board recommend the same along with a recommendation that the developers install
a trail along North Cape Road and a connecting trail to the new park from Durham Drive along
Priegel Drive.
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: October 7, 2014
Defeated:
Deferred:
Introduced: October 7, 2014
ATTEST: Kellie McMullen, Recording Secretary