PCR2005081-2RESOLUTION #P.C. 081-2005
RECOMMENDATION TO COUNCIL FOR A REZONING RS-2/OHS SUBURBAN RESIDENCE
DISTRICT WITH A HIGHWAY SERVICE OVERLAY DISTRICT TO RS-2 SUBURBAN RESIDENCE
DISTRICT FOR PROPERTIES LOCATED IN THE SE ¼ OF SECTION 11 AND THE NE ¼ OF
SECTION 14 (TAX KEY NOs. 2204.995, 2204.996, 2204.996.001, 2213.984, 2213.985, 2213.988,
2213.997, 2213.997.001, & 2213.999 / DURHAM DRIVE)
WHEREAS, On May 12, 2005 the Committee of the Whole recommended staff to pursue a rezoning for
properties located in the SE ¼ of Section 11 and the NE ¼ of Section 14, (Tax Key Nos. 2204.995,
2204.996, 2204.996.001, 2213.984, 2213.985, 2213.988, 2213.997, 2213.997.001, & 2213.999 / Durham
Drive ), and
WHEREAS, Said properties currently are zoned RS-2/OHS Suburban Residence District with a Highway
Service Overlay District and a rezoning request to RS-2 Suburban Residence District is sought, which
would remove the OHS District from the area, and
WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for Medium Density
Residential uses and a 2010 Plan Amendment is not required due to the underlying RS-2 zoning district
existing, and
WHEREAS, The proposed rezoning complies with the 2010 Comprehensive Plan, and
WHEREAS, The OHS zoning district was originally thought to be suitable as a future commercial node for
the City by past elected officials, and
WHEREAS, Future plans to realign Durham Drive would bypass this area that has the OHS zoning
district, and
WHEREAS, None of the nine properties in the rezoning currently utilize the uses of the OHS zoning
district and none have received approvals to utilize the OHS District in the past, and
WHEREAS, The removal of the district will help the future development of these properties as residential
uses since the removal of the district will also remove an increased side yard offset that the OHS zoning
mandated, and
WHEREAS, The Committee of The Whole recognized that current property owners may wish to keep or
increase the OHS zoning district on their parcel and so the public hearing for the rezoning was noticed
accordingly to allow amendments of these kinds within the current resolution.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common
Council for a rezoning from RS-2/OHS Suburban Residence District with a Highway Service Overlay
District to RS-2 Suburban Residence District for properties located in the SE ¼ of Section 11 and the NE
¼ of Section 14 (Durham Drive).
BE IT FURTHER RESOLVED, That the property known as Tax Key Number 2213.984 has petitioned to
keep and increase the OHS zoning District on their parcel as submitted to the Planning Department on July
5, 2005, and that the Planning Commission recommends denial of this amendment to the rezoning as the
Plan Commission believes that the OHS District should be removed in totality due to future Durham Drive
plans to bypass this area, the 2010 Plan is already in place to have the area for residential, and that no
approved commercial uses have ever been approved for the parcels in the OHS District currently or in the
past.
Plan Commission
City of Muskego
Adopted: July 19, 2005
Defeated:
Deferred:
Introduced: July 19, 2005
ATTEST: Sandi Asti, Recording Secretary