PCR2000126AMENDED
RESOLUTION #P.C.126-2000
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR THE QUIETWOOD
CREEK SUBDIVISION BY CARITY LAND CORPORATION LOCATED IN THE SE X
OF SECTION 3, AND SE %AND NE % OF SECTION 10
WHEREAS, A Final Plat was submitted by Quietwood Creek LLC for Quietwood Creek
for property located in the SE % of Section 3, and SE % and NE % of Section 10 being
generally located south of Janesville Road, east of the Guernsey Meadows plat, and
north of Woods Road, on June 12,2000, and
WHEREAS, Said plat consist of approximately 140.6305 acres, and proposes one
hundred forty two (142) single family residential lots, seven (7) outlots encompassing
approximately 44 acres, and a commercial property fronting Janesville Road
encompassing approximately 27.9 acres, and
WHEREAS, Said property is currently zoned Rs-2, Suburban Residence District, and
Rs-3 Suburban Residence District, and
WHEREAS, Said Final Plat substantially conforms to that of the Plan Commission's
previously approved Preliminary Plat, under Resolution #PC 1206-99 , and
WHEREAS, Lots 1-142 of said Final Plat substantially conform to the zoning
designations of RS-3 Suburban Residence District with Planned Development Overlay
as detailed in Common Council Resolution #80-99, a resolution which indicates the
Common Council's present intention of zoning the subject property, and
WHEREAS, Lot 143 of said Final Plat substantially conforms to the zoning
designations of 8-3 General Business District with Planned Development Overlay as
detailed in Common Council Resolution #80-99, a resolution which indicates the
Common Council's present intention of zoning the subject property, 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 Plat without specific compliance to the underlying zoning district regulations that
would otherwise be applicable to each lot, and
WHEREAS, The adopted 2005 Comprehensive Plan depicts this area for medium
density residential development, with limited commercial development adjacent to
Janesville Road, and
WHEREAS, The draft 2010 Comprehensive Plan depicts this area for medium density
residential development. with limited commercial development adiacent to Janesville
0 Road, and
WHEREAS, Said parcels will be serviced by City sanitary sewer and water, and
WHEREAS, Access to Janesville Road is subject to Waukesha County Department of
Transportation approval, and the Plan Commission encourages limited access, and
WHEREAS, The Plan Commission has made great efforts to enhance the design
aesthetics of commercial areas adjacent to the Janesville Road corridor, and the Plan
Commission desires to see high quality development within the Quietwood Creek
commercial areas, and
WHEREAS, The DNR has determined that the unnamed creek located within the
boundaries of the Plat is a navigable body of water, and all parcels created by the Plat
must adhere to the 50 foot setback requirement, as measured from the ordinary high
water mark, and
WHEREAS, wetlands exist on the subject property, and
WHEREAS, an unmapped floodplain tributary to Bass Bay exists on the subject
property, and
WHEREAS, An isolated natural resource area exists on the subject property, and
WHEREAS, Section 18.26 of the Muskego Land Division Ordinance regulates
subdivision platting in wooded areas and requires tree preservation and replacement,
and a tree survey has been provided to the Planning Department concurrent with the 0 submittal of the Preliminary Plat, and
WHEREAS, On June 14, 1999 the Park Board determined that bike paths should be
required to serve pedestrian needs within the plat, and
THEREFORE BE IT RESOLVED, That the Plan Commission finds the Final Plat of
Quietwood Creek is in conformance with the 2005 Comprehensive Plan, as amended
by Plan Commission Resolution PC #54-99, and the draft 2010 Comprehensive Plan as
presented at a public hearing on May 2, 2000.
BE IT FURTHER RESOLVED, That the Plan Commission recommends approval to the
Common Council of a Final Plat for the Quietwood Creek Subdivision by Carity Land
Corporation, located in the SE % of Section 3 and SE % and NE ?A of Section IO.
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. Said technical discrepancies are to
be corrected prior to receipt of City signatures on the Final Plat.
BE IT FURTHER RESOLVED, That in accordance with Section 18.26 of the Land
Division Ordinance, prior to commencement of any construction activity by Carity Land
Corporation, a plan for tree preservation shall be provided which includes details of the
preservation efforts, which includes 1.1 replacement of any trees with trunks greater
than 6' diameter (as measured four (4) feet above grade) which are required to be 0 removed, and which includes the installation of street trees in accordance with adopted
Municipal ordinances and resolutions. Said tree plan shall require separate review and
approval by the Plan Commission prior to the issuance of building permits for any
residence in Quietwood Creek.
BE IT FURTHER RESOLVED, that a Street Tree Plan shall be provided to the Plan
Commission for separate review and approval prior to the issuance of building permits
for any residence in Quietwood Creek.
BE IT FURTHER RESOLVED, That a landscape plan for the Woods Road landscape
buffer shall be provided to the Plan Commission for separate review and approval prior
to the issuance of building permits for any residence in Quietwood Creek.
BE IT FURTHER RESOLVED, That a landscape plan for the Janesville Road
landscape buffer shall be provided to the Plan Commission for separate review and
approval prior to the issuance of building permits for any structure on Lot 143 in
Quietwood Creek.
BE IT FURTHER RESOLVED, That Carity Land Corporation shall be responsible for
securing all necessary DNR and Army Corps. of Engineers permits prior to the start of
construction.
BE IT FURTHER RESOLVED, That Carity Land Corporation shall reconcile bike path
routes prior with the Park Board and Plan Commission prior to the start of any
construction activity, and the chosen routes shall be incorporated into the construction
plans for each phase of the Quietwood Creek subdivision.
BE IT FURTHER RESOLVED, That detailed landscape plans are required to be
submitted to the Plan Commission for the 30 foot landscape buffer abutting Janesville
Road prior to or concurrent with any application for Building, Site and Operation Plan
Approval.
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 any part of this Resolution and Final 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 Final Plat
of Quietwood Creek shall be null and void.
BE IT FURTHER RESOLVED, That a digital *.DXF file of this final plat be submitted to
the City on 3.5" diskette or CD ROM prior to City signatures being placed upon the
Final Plat.
0 Plan Commission
City of Muskego
Adopted June 20,2000
I Defeated
I Deferred
Introduced: June 20, 2000
AmEST. Sandi Asti, Recording SeCretatY