PCR2014043RESOLUTION #P.C. 043-2014
RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020
COMPREHENSIVE PLAN 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 June 24, 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 original rezoning development submittal included 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 gated community along the northwest portion of the
property along Little Muskego Lake consisting of seven (7) garden homes.
Setbacks to vary. Homes to have “high end architecture”, private pool, and lake
frontage/piers.
Create senior housing units consisting of two (2) structures situated up along
Janesville Road with a setback of as close as 10 feet. Structures would consist of
a twenty (20) unit complex to the east and a ten (10) unit complex to the west.
Buildings would be built in two stories with full masonry construction and would
include underground parking.
Piers with boat slips are intended consisting of a pier to be retained for the
existing single-family home, individual piers for the garden homes, and one pier
for the senior housing complex to utilize; The amount of boat slips and piers is
strictly governed/permitted by the WDNR,
The site plan would have one entrance to line up with the existing Janesville
Road/Pioneer Drive intersection. Access would come in from Janesville Road and
stem off to the above stated uses, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on July
22nd, 2014, and
WHEREAS, Based upon comments from the Public Hearing a revised rezoning development
submittal was submitted that 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 gated community along the northwest portion of the
property along Little Muskego Lake consisting of six (6) garden homes. Setbacks
to vary. Homes to have “high end architecture” and lake frontage/piers.
Create senior family housing units contained within one (1) structure situated up
along Janesville Road with a setback of as close as 30 feet. The structure would
consist of a twenty-four (24) unit complex located in the southwestern portion of
the development. The building would be built with two stories with full masonry
construction and would include underground parking.
Piers with boat slips are intended consisting of two (2) piers to be retained for the
existing single-family home, individual piers for the garden homes (six (6) of
them), and one (1) pier for the multi-family housing complex to utilize; The
amount of boat slips and piers is strictly governed/permitted by the WDNR.
The site plan would have one entrance to line up with the existing Janesville
Road/Pioneer Drive intersection and another access point along the western
portion of the site. Access for all units would come in from Janesville Road and
stem off to the above stated uses, and
WHEREAS, The 2020 Comprehensive Plan already identifies this area for medium density
residential land uses and requires an amendment to high density residential uses, and
WHEREAS, The 2020 Comprehensive Plan is allowed to be changed by the Planning
Commission and Common Council when it is deemed that the request has found that it is
consistent in all respects to the spirit and intent of the City’s ordinances, is in conformity with the
general plans for community development, would not be contrary to the general welfare and
economic prosperity of the City or of the immediate neighborhood, that the specific development
plans have been prepared with competent professional advice and guidance, and that the benefits
and improved design of the resultant development justifies the variation from the normal
requirements of the adopted Comprehensive Plan, 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 the overall density change from the original 38 proposed units
down to 31 units consisting of 6 garden homes, instead of 7, and 24 units of multi-family housing
in one structure rather than 30 units in two structures. The eastern most existing single -family
house to remain as shown.
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 this resolution recommends to the Council to include in the
ordinance that a future BSO approval by the Planning Commission may result in less units for the
garden homes and/or the multi-family units if Planning Commission asserts that proposed site
improvements don’t necessitate the amount of units originally desired as part of the rezoning
ordinance approval.
BE IT FURTHER RESOLVED, That Plan Commission finds that the 2020 Plan can be amended
in this instance as the proposed concept plan as part of the rezoning request is consistent to the
spirit and intent of the City’s ordinances, is in conformity with the general plans for community
development, and would not be contrary to the general welfare and economic prosperity of the
City or of the immediate neighborhood.
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:
Defeated: August 5, 2014
Deferred:
Introduced: August 5, 2014
ATTEST: Kellie McMullen, Recording Secretary