PCR2015051
RESOLUTION #P.C.051-2015
RECOMMENDATION TO COUNCIL TO REPEAL ORDINANCE 1385 AND AMEND THE
ZONING MAP 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)
FOR THE DEVELOPMENT KNOWN AS MUSKEGO BEACH CLUB
WHEREAS, On July 23, 2015 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 submittal 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 community along the northwest portion of the property
along Little Muskego Lake consisting of ten (10) “beach homes.” Homes to have
“high quality standards” and lake frontage and/or access,
Piers with boat slips for the development. The amount of boat slips and piers is
strictly governed/permitted by the WDNR,
The garden homes would be on their own shared condo plat with associated
condo restrictions for private and common areas while the existing home to the
east would be split off on its own parcel,
Total of eleven (11) units over approximately 6.7 acres, which results in approx.
1.64 units/acre or 1 unit per 26,561 square feet. When separating the existing
home lot with the proposed condo lot you would have a density of approx. .36
units/acre or 1 unit per 121,968 square feet for the existing home (proposed to be
on 2.8 acres) and a density of approx. 2.56 units/acr e or 1 unit per 17,016 square
feet for the proposed 10-unit condo lot (proposed to be on 3.9 acres), and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on August
25, 2015, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for medium density residential
land uses (1-2.99 units/acre) and the proposal is consistent with the 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,
and
WHEREAS, The City Council adopted Ordinance No. 1385 on or about November 11, 2014,
which would have rezoned the subject property, but by its terms such rezoning has not taken
effect and the Developer has since substantially changed the development plans, and therefore
has re-commenced the rezoning process, and
WHEREAS, The Plan Commission has carefully considered the standards described in Section
9.04 of the City Zoning Code, and has concluded that the proposed development will satisfy such
conditions.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to repeal Ordinance 1385 and 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 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 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: September 1, 2015
Defeated:
Deferred:
Introduced: September 1, 2015
ATTEST: Kellie McMullen, Recording Secretary