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