PCR2005129aAMENDED
RESOLUTION #P.C. 129-2005
APPROVAL OF A CONCEPTUAL PLAT AND RECOMMENDATION TO COUNCIL TO
REZONE LAND FROM RSM MULTIPLE FAMILY RESIDENCE AND B-4 HIGHWAY
BUSINESS DISTRICT TO RSM/OPD MULTIPLE FAMILY RESIDENCE WITH A
PLANNED DEVELOPMENT OVERLAY DISTRICT FOR THE FUTURE MUIRFIELD
CONDOMINIUMS LOCATED IN THE SE ¼ OF SECTION 30
(TAX KEY NOS. 2258.996, 2261.978.001, AND 2264.999 / HIGHWAY 36)
WHEREAS, On November 1, 2005 plans were submitted by Burke Properties for a Conceptual
Condominium Plat and an official Rezoning for what will be known as the future Muirfield
Condominiums, located in the SE ¼ of Section 30 (Tax Keys Nos. 2258.996, 2261.978.001, &
2264.999 (Highway 36), and
WHEREAS, On January 16, 2006 an updated Conceptual Condominium Plat was
submitted by Burke Properties, and
WHEREAS, The proposed condominium plat is situated on approximately 38 acres on the north
side of Highway 36 along the eastern side of the Muskego Lakes Country Club entrance drive
and is comprised of open lands and wetlands, and
WHEREAS, The proposed plat consists of 160 164 dwelling units and one commons building
and the units will be within ten 4-plex structures, seventeen eighteen 6-plex structures, and nine
eight duplex structures, and
WHEREAS, Said property is currently zoned RSM Multiple Family Residence District and B-4
Highway Business District and the proposed plat configuration requires a rezoning to RSM /
OPD Multiple Family Residence District with Planned Development Overlay District and the plat
appears to meet these requirements, and
WHEREAS, The OPD is in place to allow building locations in miscellaneous locations
throughout the 38 acres and final OPD allowances will be made at the time of final condo plat
and Developer’s Agreements, and
WHEREAS, A Public Hearing was heard on November 22, 2005 and was rescheduled on January
10, 2006 due to City Attorney advice for the rezoning, and
WHEREAS, The Petitioners have past concept approval (As per PC Resolution #135-1992
known in totality as “Country Club Villages”) for 1,057 residential dwellings located around the
Muskego Lakes Country Club subject to the following terms:
a). The base density is 961 units with a 10 percent increase granted (1057 units total) on the
condition that 30 acres of improved parks in four locations be provided to the homeowners
associations of the nine residential villages. Bicycle/pedestrian connections be made to the
WEPCO right-of-way. The 125-acre golf course be permanently restricted to zero dwelling unit
density through a deed restriction or other suitable means.
b). The minimum lot size for golf course lots is 13,000 square feet with the minimum lot size for
the remaining lots at 14,000 square feet with the condition that up to five percent of the lots can
vary in size by five percent.
c). All Cul-de-sac lots are to have minimum frontage of 50 feet at the lot line and all of the lots
are to have a minimum of 90 feet at the average width.
WHEREAS, The plats of Champions Village (198 lots), The Reserve at Champions Village (15
lots), and St. Andrew’s Village Condominiums (42 dwelling units in 21 structures) were the first
three “Villages” the petitioner’s have approval for, and
WHEREAS, The initial concept approval had a series of ten Villages, of which, the proposed
Muirfield Village was a part of, and
WHEREAS, The 2010 Comprehensive Plan depicts the area for high density residential
development consistent with the RSM zoning district and a density not to exceed 4.5 to 8.0 units
an acre, and
WHEREAS, The proposed development is within the guidelines of the 2010 Comprehensive Plan
and the proposed gross density meets the City’s requirement for high-density residential as the
proposal shows approximately 4.3 dwelling units an acre, which is less than what is required, and
WHEREAS, The adopted Conservation Plan depicts low management areas within the platted
area due to existing wetlands and these wetlands have been delineated as part of the condo plat
and will be preserved, thus the proposal is consistent with the Plan, and
WHEREAS, The adopted Park and Open Space Plan does not depict any recommended
recreation needs within this area and the proposal is consistent with the Plan, and
WHEREAS, The Public Works and Utilities Committees will review the plat and recommend any
changes before the preliminary plat at an upcoming meeting and specific determinations will be
made regarding the future utility, emergency access, and entrance needs, and
WHEREAS, All other roadways in the development are proposed to be private streets constructed
to City standards although future determinations may need to be made if the streets should be
public or private, and
WHEREAS, The dwelling units will be serviced by municipal sanitary sewer and public water.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conceptual
Condominium Plat and recommends to the Common Council a Rezoning as submitted by Burke
Properties for what will be known as the future Muirfield Condominiums, located in the SE ¼ of
Section 30 (Tax Keys Nos. 2258.996, 2261.978.001, & 2264.999 (Highway 36).
BE IT FURTHER RESOLVED, The Plan Commission recommends the rezoning from RSM
Multiple Family Residence and B-4 Highway Business District to RSM/OPD Multiple Family
Residence with a Planned Development Overlay District to the Common Council as the zoning
meets the objectives of the current 2010 Comprehensive Plan.
BE IT FURTHER RESOLVED, That the Plan Commission recommends the approval of
the rezoning and conceptual condominium plat as the major concerns surrounding the
proposal appear to have been accounted for OR will be addressed before final approvals,
including the area water, sewer, stormwater, and access issues.
BE IT FURTHER RESOLVED, That the actual allowances of the Planned Development District
be determined along with the final Condominium Plat and Developer’s Agreement, however that
the densities do not exceed this approval.
BE IT FURTHER RESOLVED, That the Public Utilities and Works Committees review the
conceptual development and make any recommendations before the final condo plat comes
forward to Planning Commission.
BE IT FURTHER RESOLVED, That the Public Utilities and Works Committees specifically
review the utilities needed to service the development, the degree the access roads and entryway
into the development must conform to, if an emergency access is needed and what that should
entail, if a complete secondary access is needed, and if the right-of-ways depicted should be
public or private.
BE IT FURTHER RESOLVED, That the Plan Commission believes that the entranceway to
the development should be public right-of-way extending north to the northern boundaries
of the development for safety and maintenance reasons.
BE IT FURTHER RESOLVED, That the wetlands and any navigable waterways must be
concurred upon by the Wisconsin Department of Natural Resources before final approvals
to a Condominium Plat, Building, Site and Operation Plans and any Developer’s
Agreements are given.
BE IT FURTHER RESOLVED, That no development shall occur until a Final Condominium
Plat, Building, Site and Operation Plans and any Developer’s Agreements are approved by
Planning Commission.
BE IT FURTHER RESOLVED, That the approval of the conceptual plat is granted in concept
only and final action is only an indication of the current intent of the Plan Commission; Final
submittals are subject to future review and consideration by the Plan Commission, municipal
committees of jurisdiction, and other agencies, and approval of final plans is not guaranteed by
this action of the Plan Commission.
Plan Commission
City of Muskego
Adopted:
Defeated: January 17, 2006
Deferred: December 6, 2005
Introduced: December 6, 2005
ATTEST: Sandi Asti, Recording Secretary