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PCR2001097ARESOLUTION #P.C.097a-2001 I APPROVAL OF A BUILDING SITE AND OPERATION PLAN AND AMBULATORY COMMUNITY BASED RESIDENTIAL FACILITY FOR THE ELDERLY, AND APPROVAL OF SUBSTANTIAL CHANGE TO THE QUIETWOOD CREEK PLANNED DEVELOPMENT DISTRICT, AT THE PROPERTY LOCATED AT IN THE SE 5/4 OF SECTION 10 (TAX KEY NO. 2197.023 I W158 S7462 QUIETWOOD DRIVE) CONDITIONAL USE GRANT FOR A 9 BEDROOM CLASS-C NON- WHEREAS, On April 24, 2001 plans were submitted by Joanne Gorenc for a conceptual Building, Site and Operation Plan and Conditional Use Permit for a Community Based Residential Facility at the property located at W158 S7462 Quietwood Drive, and WHEREAS, On May 29, 2001 revised building plans were received, and on June 1, 2001 a revised plat of survey and grading plan was received, and WHEREAS, On June 19.2001 the Plan Commission referred the matter to public hearing pursuant to Section 6.03 of the Zoning Ordinance, and WHEREAS, On July 6, 2001 plans were submitted by Joanne Gorenc for a final Building, Site and Operation Plan and Conditional Use Permit for a Community Based Residential Facility, and WHEREAS, On July 17, 2001 the Plan Commission held a Public Hearing on the petition for a Conditional Use Permit, and deferred action pending receipt of revised submittals and pending receipt of opinions from legal counsel, and WHEREAS, On August 20, 2001 the Planning Department received the opinions of legal counsel as requested by the Plan Commission on July 17, 2001, and WHEREAS, On August 21, 2001 the Planning Department received the revised submittals from the petitioner as requested by the Plan Commission on July 17, 2001, and WHEREAS, Said property is currently zoned RS-3 I OPD Suburban Residence District with Planned Development District Overlay, and 0 I WHEREAS, On August 21, 2001 the Plan Commission adopted Resolution #129- 2001, recommending to Common Council that the petition represented a substantial change to the approved Planned Development District of Quietwood Creek, as established by Common Council Resolution 157-2001 and Ordinance #1033, and 0 PC Resolution #097-2001 Page 2 of 6 WHEREAS, On August 28,2001 the Common Council adopted Resolution #170- 2001, determining the petition to be a substantial change to the approved Planned Development District of Quietwood Creek, and established a Public Hearing Date of September 25, 2001 to hear public comment on the proposal, and e WHEREAS, In the review of Planned Development Districts, pursuant to Section 17:6,02(5)(C) of the Zoning Code, in the case of proposed residential developments, the Plan Commission is to review the petition, and in doing so, shall make findings that: 1. Such development will create an affractive residential environment of sustained area by the community General [Comprehensive] Plan, and where ihe economic desirability and economic stability, compatible with the character established for the 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] Plan. 3. That the project will not create traffic or parking demand incompatible with that anticipated under the General [Comprehensive] Plan. WHEREAS, Following an approval of a Substantial Change to the Planned Development District of Quietwood Creek, the petition is permitted by Conditional Use Grant upon amendment to the Planned Development District of Quietwood Creek, and WHEREAS, Pursuant to Section 17:6.03 of the Zoning Code, applications for a conditional use must be submitted to the Plan Commission, which must grant or deny the request based on: General considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the City and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazards, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor, and such other factors as would be appropriate to carrying out the intent of conditional grants as expressed in s. 17:5.01 WHEREAS, The proposed structure includes nine bedrooms and four bathrooms, and may accommodate 9 - 15 residents, and said structure is permitted subject to meeting the bulk requirements of the zoning district, Building, Site and Operation Plan, and Conditional Use Grant approval, and PC Resolution #097-2001 Page 3 of 6 WHEREAS, The Planning Department has determined that the submittal dated July 6, 2001 conforms to the bulk requirements for a single family residence in the RS-3/0PD Suburban Residence district with Planned Development District Overlay of Quietwood Creek, and WHEREAS, On August 29, 2001 the Director of Building and Engineering provided written determinations that the August 21, 2001 submittals do not conform to applicable Building Codes, and compliance with said Codes may require substantial alteration to the building, which in turn may require further review for compliance with bulk zoning requirements, and WHEREAS, On August 29, 2001 the Fire Inspector provided written determinations that the August 21, 2001 submittals conform to the City of Muskego Fire Code, and WHEREAS, The property is subject to architectural control by the Developer of Quietwood Creek, and the Plan Commission may impose additional architectural requirements on all proposed Building, Site and Operation Plans, as specified in the Muskego Design Guide, and WHEREAS, The plan includes two interior parking spaces, and three exterior off- street parking spaces, and e WHEREAS, No exterior signage is proposed, and WHEREAS, Outdoor lighting is proposed in the form of standard residential fixtures, and WHEREAS, The operation of a 9 - 15 bed Community Based Residential Facility is subject to Chapter HFS 83 of Wisconsin Administrative Code, and related Sections of Wisconsin Statutes, including provisions for licensure. WHEREAS, Petitioner has not applied for the review of construction plans through the Wisconsin Department of Health and Family Services, and said application and plan approval may be a requirement of Plan Commission approval, and WHEREAS, As a part of the July 17, 2001 Public Hearing, concerns regarding solid waste and recycling removal were raised and not resolved, and WHEREAS, As a part of the July 17, 2001 Public Hearing, concerns regarding bio-hazardous waste removal were raised and not resolved, and WHEREAS, As a part of the July 17, 2001 Public Hearing, concerns regarding management of the facility by a non-resident operator, and appropriate staff levels were raised and not resolved, and 0 PC Resolution #097-2001 Page 4 of 6 0 WHEREAS, As a part of the July 17, 2001 Public Hearing, concerns regarding traffic impacts, including deliveries, on-street parking, and off-street parking, and adequacy of snow removal were raised, and WHEREAS, As a part of the July 17, 2001 Public Hearing, concerns regarding safety of wandering residents in proximity to the retention pond were raised and not resolved, and WHEREAS, As a part of the July 17, 2001 Public Hearing, concerns regarding nuisance noise relating to alarms were raised and pursuant to Municipal Code, upon approval of a Building Site and Operation Plan, such noises are not classified as nuisances as they are a part of the approved plan. THEREFORE BE IT RESOLVED, That the Plan Commission appmve&approves the Building, Site and Operation Plan and Conditional Use Grant and recommends that the Common Council approve the Substantial Change to the approved Planned Development District of Quietwood Creek, as submitted July 6, 2001, and amended August 21, 2001 by Joanne Gorenc for a 9 bedroom Class-C Non-ambulatory Community Based Residential Facility for the elderly located at W158 S7562 Quietwood Drive. BE IT FURTHER RESOLVED, That with regards to architectural treatment, the petitioner shall use raised panel garage doors to enhance the street appearance and aesthetics of the residence. BE IT FURTHER RESOLVED, That exterior parking shall be provided for three (3) cars. and indoor parking for two (2) cars, and all operators and employees I shall park inside the attached garage, except for a 30 minute period twice per day during shift changes, where exterior off-street employee parking shall be permitted. BE IT FURTHER RESOLVED, That the cxmMmaL Conditional Use Grant shall be subject to the Planning Department's receipt of a copy of the approved a~ operating license from the State of Wisconsin Department of Health and Family Services, and provision of copies of same to the Planning Department for inclusion in the property file. BE IT FURTHER RESOLVED, That the Conditional Use Grant shall be subject to the Planning Department's approval of contracts for solid waste disposal and recycling removal. .. PC Resolution #097-2001 Page 5 of 6 0 BE IT FURTHER RESOLVED, That the conditional Use Grant shall be subject to the Planning Department's approval of signed contracts for bio-hazardous waste disposal. BE IT FURTHER RESOLVED, That the conditional Use Grant shall be subject to the approval by Quietwood Creek LLC of the installation of a rear yard fence to secure the yard from the retention pond. BE IT FURTHER RESOLVED, that Pursuant to Section 17:6.02(5)(c) and Section 17:6.03 of the Zoning Code the Plan Commission finds that the petitioner has not demonstrated that the proposed amendment to the Quietwood Creek Planned Development District will be compatible with the character established for the area, as described in the September 4, 2001 Staff Supplement for Resolution #PC 097-2001 BE IT FURTHER RESOLVED, that Pursuant to Section 17:6.02(5)(~) and Section 17:6.03 of the Zoning Code the Plan Commission finds that the petitioner has not demonstrated that 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 would be anticipated under the base zoning, as described in the September 4, 2001 Staff Supplement for Resolution #PC 097- 2001 BE IT FURTHER RESOLVED, that Pursuant to Section 17:6.02(5)(c) and Section 17:6.03 of the Zoning Code the Plan Commission finds that school service demands are expected to be less than that of a single family residence anticipated by the Plan as described in the September 4, 2001 Staff Supplement for Resolution #PC 097-2001 e BE IT FURTHER RESOLVED, that Pursuant to Section 17:6.02(5)(c) and Section 17:6.03 of the Zoning Code the Plan Commission finds that needs for additional services including refuse, recycling, bio-hazardous waste removal, and emergency services, are clearly demonstrated to be higher than that of a single family residence anticipated by the Plan, as described in the September 4, 2001 Staff Supplement for Resolution #PC 097-2001 BE IT FURTHER RESOLVED, that Pursuant to Section 17:6.02(5)(c) and Section 17:6.03 of the Zoning Code the Plan Commission finds that the traffic impact is higher than that of a single family residence anticipated by the Plan as described in the September 4, 2001 Staff Supplement for Resolution #PC 097- 2001 BE IT FURTHER RESOLVED, That the conditional Use Grant shall be subject to review on an annual basis. I PC Resolution #097-2001 Page 6 of 6 e BE IT FURTHER RESOLVED, If petitioner does not commence construction activity or otherwise begin operation pursuant to this Conditional Use grant within 24 months of the date of approval the Conditional Use Grant shall expire and this approval shall be null and void. BE IT FURTHER RESOLVED, Where uses authorized by this Conditional Use Grant are discontinued for a period of twelve (12) consecutive months or are discontinued for eighteen (18) cumulative months in any three (3) year period, the Conditional Use Grant shall expire and this approval shall be null and void. Plan Commission City of Muskego Adopted: Defeated: September 4, 2001 Deferred: July 17, 2001, August 7,2001, August 21, 2001 Introduced: July 17, 2001 a AlTEST: Sandi Asti, Recording Secretary d@dc B, dQ.L