PCR2003128RESOLUTION #P.C. 128-2003
DETERMINATION OF A NON-SUBSTANTIAL CHANGE TO THE APPROVED
RESERVE AT CHAMPIONS VILLAGE PLANNED DEVELOPMENT
PERTAINING TO OPEN SPACE FOR PARCEL 3 LOCATED IN THE NW ¼ OF
SECTION 25
(S96 W13149 LINKSWAY COURT / TAX KEY NO. 2257.166
WHEREAS, On September 26, 2003, plans were submitted by Downing Brothers
Builders for determination of a non-substantial change to the approved Reserve at
Champions Village planned development pertaining to open space requirements for
Parcel 3, and
WHEREAS, The petitioner is proposing to construct a residence and install a paved
driveway measuring approximately 3,381 square feet, and
WHEREAS, Said property is currently zoned RS-3/OPD, Suburban Residence
District as modified by the Planned Development Overlay, and said use is a permitted
use by right, and
WHEREAS, The petitioner’s property measures 12,500 SF, and the RS-3/OPD
District for the Reserve at Champions Village, requires each property to maintain
10,000 square feet of open space, and said plans result in 8,619 square feet of open
space, and
WHEREAS, The Public Works Committee and City Engineer require the use of
Technical Release 55 (TR-55): Urban Hydrology for Small Watersheds as
prepared by the U.S. Department of Agriculture to calculate storm runoff
volume, peak rate of discharge, and storage volumes required for
management plans and facilities, and
WHEREAS, Modeling for stormwater management assumed that this
property would contain approximately 30% of impervious surface according to
TR-55, and the existing management facility for the subdivision was designed
to accommodate the proposed amount of impervious surface, and
WHEREAS, Section 6.02 pertaining to Planned Development Districts permits the
Plan Commission and Common Council to consider petitions “without specific
compliance to the district regulations as hereinafter provided….” And as such, the
Plan Commission and Common Council have the discretion within Planned
Development Districts to allow additional impervious surface not in specific
conformance with the Code, and
WHEREAS, Section 17:6.02 of the Zoning Code permits the Plan Commission and
Common Council to consider amendments to the District as either “substantial” or
“non-substantial” changes. In the event that an amendment is considered substantial,
a public hearing would be held prior to Common Council consideration.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the
construction of a residence and installation of a paved driveway not to exceed a total
of 3,881 square feet.
BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a
non-substantial change to the approved Reserve at Champions Village Planned
Development District and recommends to the Common Council that no public
hearing shall be required.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the
Building Department and that all aspect of this plan as they relate to landscape areas
and drainage 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: October 7, 2003
Defeated:
Deferred:
Introduced: October 7, 2003
ATTEST: Sandi Asti, Recording Secretary