CCR2001170COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #170-2001
DETERMINATION OF SUBSTANTIAL CHANGE TO
THE PLANNED DEVELOPMENT DISTRICT
FOR QUIETWOOD CREEK
WHEREAS, A petition has been submitted for an amendment to the Planned Development
District for Quietwood Creek; and
WHEREAS, On July 25,2000 the Common Council adopted Ordinance #1033, Amending the
Zoning Map relating to Quietwood Creek Subdivision, from RS-2 Suburban Residence District
and RS-3 Suburban Residence District, to RS-3 I OPD Suburban Residence District with
Planned Development Overlay District, and
WHEREAS, On July 25, 2000 the Common Council adopted Resolution #157-2000 approving
the Final Plat, Developers Agreement, and Letter of Credit for the Quietwood Creek
Subdivision, and
WHEREAS, Section I of said Developers Agreement provides that the 142 parcels are to be
developed for single family residential use consistent with certain dimensional requirements as
outlined therein, and legal counsel has advised that this provision restricts the Quietwood Creek
Planned Development District for exclusive single family use, and
WHEREAS, On July 6, 2001 plans were submitted by Joanne Gorenc for final Building Site and
Operation Plan and Conditional Use Grant for a 9-15 bed community based residential facility
(CBRF) as detailed in Plan Commission Resolution #PC 097-2001; and
WHEREAS, A review by City legal counsel finds that the proposed CBRF does not meet the
Resolution #PC 084b-2000, may be permitted by Conditional Use Grant upon amendment to
the Quietwood Creek Planned Development District, and
WHEREAS, The Plan Commission has adopted Resolution #P.C. 129-2001, which finds the
amendment to be a substantial alteration from the approved Quietwood Creek Planned
Development and recommends that the Common Council determine the same for the reasons
stated in the Resolution.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
upon the recommendation of the Plan Commission, does hereby determine that the proposed
amendment to the approved Planned Development District for Quietwood Creek does
constitute a substantial change, and that a public hearing before the Common Council shall be
held on the matter at 7:25 PM on September 25, 2001
definition of single family use, but pursuant to Wisconsin Statutes and Plan Commission
DATED THIS 28th DAY OF Auqust ,2001
SPONSORED BY:
Ald. William Le Doux
This is to certify that this is a true and accurate copy of Resolution #170-2001 which was 0 adopted by the Common Council of the City of Muskego.
8/0ljmb
RESOLUTION #P.C. 129-2001
0 RECOMMENDATION TO COMMON COUNCIL FOR THE
DETERMINATION OF SUBSTANTIAL CHANGE TO THE QUIETWOOD
CREEK PLANNED DEVELOPMENT DISTRICT, MORE SPECIFICALLY
FOR THE APPROVAL OF A BUILDING SITE AND OPERATION PLAN
AND CONDITIONAL USE GRANT FOR A 9 BEDROOM COMMUNITY
BASED RESIDENTIAL FACILITY FOR THE ELDERLY TO BE
ON THE GORENC PROPERTY IN THE SE % OF SECTION 10
I
LOCATED IN AN EXCLUSIVELY-SINGLE FAMILY RESIDENTIAL AREA
I (TAX KEY NO. 2197.203 / W158 S7462 QUIETWOOD DRIVE)
WHEREAS, On July 25,2000 the Common Council adopted Ordinance #1033.
Amending the Zoning Map relating to Quietwood Creek Subdivision, from RS-2
Suburban Residence District and RS-3 Suburban Residence District, to RS-3 /
OPD Suburban Residence District with Planned Development Overlay District,
and
WHEREAS, On July 25, 2000 the Common Council adopted Resolution #157-
2000 approving the Final Plat, Developers Agreement, and Letter of Credit for
the Quietwood Creek Subdivision, and
I. WHEREAS, Section I of said Developers Agreement provides that the 142
parcels are to be developed for single family residential use consistent with
certain dimensional requirements as outlined therein, and legal counsel has
advised the Plan Commission that this provision restricts the Quietwood Creek
Planned Development District for exclusive single family use, and
I
WHEREAS, On July 6, 2001 plans were submitted by Joanne Gorenc for final
Building Site and Operation Plan and Conditional Use Grant for a 9-15 bed
community based residential facility (CBRF) as detailed in Plan Commission
Resolution #PC 097-2001, and
WHEREAS, A review by City legal counsel finds that the proposed CBRF does
not meet the definition of single family use, but pursuant to Wisconsin Statutes
and Plan Commission Resolution #PC 084b-2000, may be permitted by
Conditional Use Grant upon amendment to the Quietwood Creek Planned
Development District, and
WHEREAS, Section 17:6.02 (6) of the Zoning Code requires that,
"Any subsequent change or addition to the plans or use shall first be submitted for
approval to the Common Council and if in the opinion of the Common Council
upon recommendation of the Plan Commission such change or addition
constitutes a substantial alteration of the original plan, a public hearing before the
3.07 'I
Common Council shall be required and notice thereof given pursuant to Section
and,
WHEREAS, Section 17:6.02(5)(~)(1) through (3) of the Zoning Code requires the
Plan Commission to consider certain basis for approval, being:
1 That such development will create an attractive residential environment of
sustained desirability and economic stability, compatible with the character
established for the area by the community General [Comprehensive] Plan,
and where the economic impact of the development in terms of income
levels, property values, and service demands is at least as beneficial to the
community as that which could be anticipated under the base zoning.
2. The population composition of the development will not alter adversely the
impact upon school or other municipal service requirements as anticipated
under the existing basic zoning and General [Comprehensive] Pian.
3. That the project will not create traffic or parking demand incompatible with
that anticipated under the General [Comprehensive] Plan.
THEREFORE BE IT RESOLVED, That the Plan Commission finds that a 9-15
bed CBRF represents a land use other than those approved through the
Quietwood Creek Planned Development District as approved in the Developers
Agreement.
BE IT FURTHER RESOLVED, That pursuant to 17:6:02(5)(C)(l), and pursuant
to the minutes of the public hearing of July 17, 2001, the Plan Commission finds
that the petitioner's ability to " .create an attractive residential environment of
sustained desirability and economic stability, compatible with the character
established for the area by the community General [Comprehensive] Plan, and
where the economic impact of the development in terms of income levels,
property values, and service demands is at least as beneficial to the community
as that which could be anticipated under the base zoning. ", is in question and is
subject to further evaluation upon petitioner's completion of the Building Site and
Operation Plan and Conditional Use Grant submittal requirements.
BE IT FURTHER RESOLVED, That pursuant to 17:6:02(5)(C)(2). the Plan
Commission finds that population composition of the development, and its
effects on municipal service requirements, are not equal or less than those
expected for single family residential use.
BE IT FURTHER RESOLVED, Pursuant to 17:6:02(5)(C)(3), the Plan
commission finds that traffic and parking impacts are not equal or less than
those expected for single family residential use.
BE IT FURTHER RESOLVED, That based on the findings herein, the Plan
Commission determines that the petition for final Building Site and Operation
Plan and Conditional Use Grant for a 9-1 5 bed community based residential
facility (CBRF) as submitted by Joanne Gorenc on July 6, 2001 represents a
substantial change to the Quietwood Creek Planned Development District,
BE IT FURTHER RESOLVED, That the Plan Commission refers this matter to
approved Quietwood Creek Planned Development District, and recommends that
the Common Council hold a public hearing on the same.
1 the Common Council, recommends a finding of substantial change to the
0
Plan Commission
City of Muskego
Adopted: August 21,2001
Defeated:
Deferred:
Introduced: August 21, 2001
ATTEST. Sandi Asti, Recording Secretary