PC 051-2021 RESOLUTIONRESOLUTION #P.C. 051-2021
RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020
COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO FOR KIRKLAND CROSSING
DEVELOPMENT FOR PROPERTIES LOCATED IN THE NW ¼ OF SECTION 3 AND THE NE ¼
OF SECTION 4
(TAX KEY NOS. 2173.997, 2173.998, 2170.991 AND 2176.999 /
BETWEEN MARTIN DRIVE AND COLLEGE AVENUE)
WHEREAS, A petition for a Rezoning and 2020 Comprehensive Plan Amendment was submitted
by Ryan Janssen of Ryan’s Buying, LLC. for four properties between Martin Drive and College
Avenue (Tax Key Nos. Tax Key Nos. 2173.997, 2173.998, 2170.991 and 2176.999), and
WHEREAS, The rezoning request is to amend the existing RS-1 Suburban Residence District
and RSE Suburban Estate District to a Planned Development District based on the RS-2
Suburban Residence District, per the rezoning submittal, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on August
27, 2021, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for low density residential and
requires an amendment to medium 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, Pursuant to a recent sewer study, the property will be served by municipal gravity
sanitary sewer as well as municipal water planned extensions.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning from RS-1 Suburban Residence District and RSE
Suburban Estate District to a Planned Development District (based on the RS-2 Suburban
Residence District) and approval of the 2020 Comprehensive Plan Amendment to Medium
Density Residential for Ryan Janssen for the properties between College Avenue and Martin
Drive (Tax Key No. 2173.997, 2173.998, 2170.991 and 2176.999).
BE IT FURTHER RESOLVED, That Plan Commission finds that the 2020 Plan can be amended
in this instance as the proposed 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 this resolution recommends to the Council to include in the
ordinance that the rezoning only takes effect upon approval and execution of a Final Plat and the
recording of the Developers Agreement.
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: August 3, 2021
ATTEST: Adam Trzebiatowski, Planning Manager