PCR2016023RESOLUTION #P.C. 023-2016
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM RSE – SUBURBAN
ESTATE DISTRICT AND SW SHORELAND WETLAND DISTRICT TO A CPD
(CONSERVATION PLANNED DEVELOPMENT DISTRICT) AND SW SHORELAND WETLAND
DISTRICT FOR THE PROPERTY LOCATED IN THE NE ¼ OF SECTION 21
(TAX KEY NO. 2241.999 / W182 S8756 RACINE AVE)
WHEREAS, A petition to rezone properties from the RSE – Suburban Estate District and SW
Shoreland Wetland District to a CPD (Conservation Planned Development District) and SW
Shoreland Wetland District was submitted (Tax Key No. 2241.999 /W182 S8756 Racine Ave), and
WHEREAS, The petitioner seeks a CPD rezoning that would allow a future plat to have up to 37
lots that would all follow the general zoning characteristics of the RS-3 zoning district (lots of at
least 15,000 square feet and of at least 100 feet in width), and
WHEREAS, A Conservation Planned Development preserves 50% of the lands and clusters a
development in various areas of a parcel, and
WHEREAS, A developer can then request bonus parcels if they meet various conservation
standards set forth in the Muskego code, and
WHEREAS, The developer is requesting three bonus parcels while noting they are meeting the
following qualifying objectives of the Conservation Subdivision Code:
i. Providing for access by the general public to trails, parks, or other recreational
facilities. Access to the created native prairie and walking trail will be provided to the
general public. Access will be created between lots 9 and 10 to the w alking trail that will
meander around the native prairie created in Outlot 4.
iii. Preservation of Environmental features identified in the adopted Conservation Plan
and any other significant environmental features found in the platted area.
Preservation may include a minimum 50-75 foot setback from the environmental
features identified. A conservation easement will be placed on all wetland areas of the
project.
iv. Restores native prairie and provides a management plan for perpetual mainten ance.
Approximately 7 acres of upland area will be restored to a native prairie with walking trails
and a management plan for perpetual maintenance. This area is adjacent to the area
designated as a Desired Development Area for conservation preservation in the Muskego
2020 Comprehensive Master Plan. This would further enhance and support the
preservation of the land identified adjacent to this parcel. This 7 acre native prairie is part
of Outlot 4 totaling 25.74 acres. This is a substantial amount of the site being preserved
adjacent to the area designated as a Desired Development Area for conservation
preservation in the Muskego 2020 Comprehensive Master Plan.
v. Improves water quality through stormwater management standards and practices,
that exceed the minimum standards of Chapter 34 of the Municipal Code, and, as
approved by the City Engineer and the Public Works Committee. Developer engineers
have indicated that the considerable open space will provide the opportunity to design and
construct storm water basins that will exceed the City storm water ordinance requirements.
These basins will be large wet detention basins and will be designed to allow for deeper
wet pools and shallower wetlands type environments that will also provide a good
environment and habitat for wildlife.
vii. Provides more than the required 50% of the gross acreage as open space in the
development (Rights-of-way shall not count towards open space requirements.
Stormwater outlots may count towards open space requirements, subject to
Planning Commission discretion/approval, when they are subject to deed
restrictions, easements or open space management plans.). Developer intention is
provide more than the required 50% of the gross acreage as open space. The current plan
is inclusive of 54% gross acreage as open space for the development.
ix. As opposed to wetlands or other non-buildable areas; Open, buildable land may be
counted as more meaningful preservation for purposes of awarding bonus lots. The
proposed development has approximately 17 acres of upland area that will be permanently
preserved in open space, equating to around 35% of the total site. This open buildable
land may be counted as more meaningful preservation for purposes of awarding bonus
lots.
WHEREAS, A developer must first provide a yield plan to show how many parcels might be
developed under the existing zoning district (RSE) and the yield plan shows 34 future lots, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for low density residential uses
consistent with a density of .5-.99 units an acre and the proposal meets this requirement, and
WHEREAS, The Comprehensive Plan was adopted to promote conservation planned
developments throughout all the undeveloped parcels in the city, and
WHEREAS, The conceptual plat layout that is proposed by Neumann Companies is similar to the
plat approved back in 2007 with access points coming off of Racine Avenue and Woods Road
and the large difference from 2007 is that the parcels are now clustered to leave a good
percentage of developed area to be conserved/remediated for the future, and
WHEREAS, The plat presented will cause a lot less disturbance than the platting of 2007 and the
zoning RSE from the past, and
WHEREAS, Wetlands have increased since the plat of 2007 and the developers will be
responsible for showing that each lot is adequate for building at preliminary plat time, and
WHEREAS, The shoreland wetland zoning district boundary extends into this platted area from
Big Muskego Lake and wherever shoreland wetland exists the city has to extend the zoning
around the shoreland wetlands when those areas may be re-delineated, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on March
22, 2016, and
WHEREAS, The development will be served by existing public sanitary sewer and water.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to a CPD (Conservation Planned Development District)
for Neumann Companies Inc. (Tax Key No. 2241.999/ W182 S8756 Racine Ave).
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: April 6, 2016
ATTEST: Kellie McMullen, Recording Secretary