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CCR2000051AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #51-2000 APPROVAL OF PRELIMINARY PLAT Sarah Estates Subdivision WHEREAS, A preliminary plat for Sarah Estates, a 26-lot single family subdivision in the NW X of Section 15 was submitted on February 3, 2000; and WHEREAS, The Plan Commission has recommended approval of the preliminary plat for Sarah Estates Subdivision through the adoption of #P.C. 041-2000, as amended. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the preliminary plat of Sarah Estates, a 26-lot subdivision, in the NW X of Section 15 subject to the conditions outlined in Resolution #P.C. 041-2000 being met at the time of the final plat and subject to the condition that the property in question receives rezoning approval so as to allow for land divisions as contemplated by the preliminary plat prior to approval of the final plat with no direct access to Woods Road designated on the final plat. BE IT FURTHER RESOLVED That this approval is subject to receipt of the submittal fee and favorable reports from all approving and objecting agencies. DATEDTHIS 28Ih DAY OF MARCH ,2000, SPONSORED BY: AM Nancy Salentine Deferred 311 4/00 I This is to certify that this is a true and accurate copy of Resolution #51-2000 which was adopted by the Common Council of the City of Muskego. 3l00jmb AMENDED RESOLUTION #P.C. 041-2000 RECOMMENDATION OF APPROVAL OF A PRELIMWARY PLAT AND CONCEPTUAL OPD ZONING FOR THE SARAH ESTATES SUBDIVISION BY W & F, LLC. LOCATED IN THE NW % OF SECTION 15 WHEREAS, A Preliminary Plat was submitted by W&F, LLC for Sarah Estates for property located in the NW % of Section 15, being generally located north of Woods Road, south of the Deer Creek plat on February 3,2000, and WHEREAS, Said plat consists of approximately 16.4 acres, and proposes 26 single family residential lots, and one outlot encompassing approximately 2.4 acres, and WHEREAS, Said property is currently zoned Rs-2, Suburban Residence District and the petitioner proposed to rezone the property to Rs-2/0PD, Suburban Residence District as modified by the Planned Development District, to permit up to a 10% flexibility in lot area and lot width, and WHEREAS, Said Preliminary Plat substantially conforms to the zoning designations of Rs-2, Suburban Residence District with OPD Planned Development Overlay, and WHEREAS, Said OPD Planned Development Overlay zoning district is intended to foster . sound planning and affords the developer to vary lot area, width, setback and offset requirements provided that the net density is maintained within the boundaries of the Preliminary Plat without specific compliance to the underlying zoning district regulations that would otherwise be applicable to each lot, and I I WHEREAS, The Land Use 2005 Plan depicts this area for medium density residential development, and I WHEREAS, Said parcels will be serviced by City sanitary sewer and water, and WHEREAS, Access to Woods Road is subject to City approval, and the Plan Commission encourages limited access, and WHEREAS, “Previously converted” wetlands are illustrated on the Preliminary Plat which indicates that these wetlands are not regulated, and WHEREAS, Parkland Drive has been previously dedicated and is illustrated on the Preliminary Plat to be west of this dedication, and this previous dedication shall be vacated in conjunction with the Final Plat process. and 0 WHEREAS, The remaining farm must be large enough to support the existing farm structures under the current Code, and BE IT FURTHER RESOLVED, That the Plan Commission recommends approval to the Common Council of a Preliminary Plat for the Sarah Estates Subdivision by W&F, LLC, located in the NW % of Section 15, and will be receptive to the submittal of Final Plat(s). BE IT FURTHER RESOLVED, That the Plan Commission recommends approval of the proposal to rezone the property to Rs-YOPD, Suburban Residence District as modified by the Planned Development District. BE IT FURTHER RESOLVED, That this approval is subject to resolution of technical discrepancies as identified by the reports of the City Planning Director and City Engineers, and payment of all applicable fees required by the Muskego Municipal Code, and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That under the auspices of the OPD Planned Development zoning overlay district, the Plan Commission recommends approval of the lot widths and lot sizes as illustrated on the Preliminary Plat. BE IT FURTHER RESOLVED, That under the auspices of the OPD Planned Development zoning overlay district, the Plan Commission recommends approval of the following minimum setback requirements for residential lots: Street Yards 40 foot setback; offset one side 15 feet; offset all other sides 20 feet, and all minimum setback, offset, and shoreland setback lines shall be illustrated for each parcel on the face of the Final Plat(s) in order to clearly delineate the buildable area of each parcel. BE IT FURTHER RESOLVED, That in accordance with Section 6.02(5)C.7 of the Muskego Zoning Ordinance, a permanent open space preservation easement shall be illustrated on the Final Plat(s) to affect all outlots, and said easements shall be carefully worded by W&F, LLC to restrict all future building or use of said outlots except as may be necessary to develop and maintain the storm water management structures as required by the Public Works Committee as a condition of plan approval, and except as may be consistent with the goal of providing landscaped open space for the surrounding residences. BE IT FURTHER RESOLVED, That in accordance with Section 6.02(5)C.8 of the Muskego Zoning Ordinance, ownership of the outlots shall either be by pro-rata share of lot owners, and all maintenance and care related to said outlots shall be the sole responsibility of an incorporated owners association(s) to be established by W&F, LLC, or shall be by the City for public open space purposes as may be negotiated at a later time. BE IT FURTHER RESOLVED, That W&F, LLC shall remove the designation “Parkland Court” on the Final Plat(s) of Sarah Estates as those properties shall have “Parkland Drive” addresses. BE IT FURTHER RESOLVED, That all required utility and vision corner easements be illustrated on the face of the Final Plat(s). Page 2 BE IT FURTHER RESOLVED, That the Planning Department shall be provided the information logs regarding the soil borings. BE IT FURTHER RESOLVED, The Park Board determined that bike paths should be required to serve pedestrian needs along the west side of Parkland Drive and the north side of Woods Road and shall be illustrated on the face of the Final Plat(s). BE IT FURTHER RESOLVED, That detailed landscape plans are required to be submitted to the Plan Commission for the 30 foot landscape buffer abutting Woods Road. BE IT FURTHER RESOLVED, That prior to or concurrent with Final Plat approval, the Subdivider shall enter into a Developers Agreement and shall tender a Letter of Credit for all required improvements. BE IT FURTHER RESOLVED, That all deed restrictions and protective covenants shall be reviewed by the Plan Commission concurrent with the review of the Final Plat(s). BE IT FURTHER RESOLVED, That any part of this Resolution and Preliminary Plat approval that is in conflict with the plan approvals received from the Public Works Committee or Public Utilities Committee shall be reconciled prior to Common Council approval of the Final Plat, or the recommendations of the Plan Commission pertaining to the Preliminary Plat of Sarah Estates shall be null and void. .. Adopted: Defeated: Deferred: Introduced: ATTEST. Plan Commission City of Muskego 03-07-00 March 7, 2000 Sandi Asti, Recording Secretary Page 3