PCR2008088 (2)RESOLUTION #P.C. 088-2008
RECOMMENDATION TO COUNCIL TO REZONE A PORTION OF A PROPERTY FROM RS-1
SUBURBAN RESIDENCE DISTRICT TO BP-3 BUSINESS PARK DISTRICT AND FROM BP-1
(BUSINESS AND OFFICE PARK SUPPORT DISTRICT TO BP-3 BUSINESS PARK DISTRICT
LOCATED IN THE NE ¼ OF SECTION 3 AND THE NW ¼ OF SECTION 2 (TAX KEY NO.
2169.999.001 & 2166.997 / MOORLAND ROAD)
WHEREAS, A petition for rezoning was submitted by George B. Erwin III to rezone a portion of a
property from RS-1 Suburban Residence District to BP-3 Business Park District and from BP-1
Business and Office Park Support District to BP-3 Business Park District to allow for future
commercial uses, and
WHEREAS, The property is located along the east side of Moorland Road behind the Wal-Mart
approved property, and
WHEREAS, A public hearing is scheduled before the Common Council on October 28, 2008, and
WHEREAS, The rezoning is requested to allow future light industrial or business park uses in this
area of the Moorland Road Commerce Center, and
WHEREAS, Public sewer and water will serve the property as part of the TIF #10 improvements
to be constructed during the summer of 2008, and
WHEREAS, The 2010 Plan depicts the area currently zoned BP-1 for Business Park uses and
the area currently zoned RS-1 is shown in the 2010 Plan as Low Density residential uses and
requires an amendment to business park uses.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning from the RS-1 Suburban Residence District to BP-3
Business Park District and from BP-1 Business and Office Park Support District to BP-3 Business
Park District for the property known as Tax Key Nos. 2169.999.001 & 2166.997, as submitted by
George B Erwin III.
BE IT FURTHER RESOLVED, That a 2010 Plan Amendment to Business Park uses is allowed
by this resolution for the areas currently zoned RS-1 in the proposal.
BE IT FURTHER RESOLVED, That a Developer’s Agreement outlining the responsibilities of the
developer to construct roads, stormwater ponds, landscaping, and buffering should first be
approved by Council before the rezoning would go into effect.
BE IT FURTHER RESOLVED, That any future light industrial or commercial use on the property
will require Building Site and Operation in front of the City’s Planning Commission.
BE IT FURTHER RESOLVED, That the City explore TIF amendments to TIF #10 if this rezoning
is approved.
BE IT FURTHER RESOLVED, That the rezoning is dependent on a Developer’s Agreement by
Common Council ordinance that assures the construction of the berm, roads, landscaping, and
grading before any structures are constructed.
BE IT FURTHER RESOLVED, That a deed restriction be put on the forested conservation area,
south of the developer’s lot, restricting the development potential before the approval of the future
construction plans of the development.
BE IT FURTHER RESOLVED, That the berm height should be maximized as discussed at the
public hearing and should be 18 feet in height when the grading plans are approved by the Public
Works Committee.
BE IT FURTHER RESOLVED, That the landscape plan must demonstrate adequate screening
of the College Avenue residential parcels from this new commercial and light industrial uses
(Large coniferous trees where gaps exist or other adequate measures). The landscape plan
must be approved with the construction plans for the development and included in the
Developer’s Agreement.
BE IT FURTHER RESOLVED, That if substantial information develops from the public hearing,
the Mayor will bring the item back to PC for possible reconsideration and review.
Plan Commission
City of Muskego
Adopted: November 4, 2008
Defeated:
Deferred:
Introduced: November 4, 2008
ATTEST: Kellie McMullen, Recording Secretary