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PCR2001129RESOLUTION #P.C. 129-2001 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 LOCATED IN AN EXCLUSIVELY-SINGLE FAMILY RESIDENTIAL AREA (TAX KEY NO. 2197.203 I 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 #I 57- 2000 approving the Final Plat, Developers Agreement, and Letter of Credit for the Quietwood Creek Subdivision, and 0 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 WHEREAS, On July 6,2001 plans were submitted by Joanne Gorenc for final Building Site and Operation Plan and Conditional Use Grant for a 9-1 5 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 Common Council shall be required and notice thereof given pursuant to Section 3.07 0 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: e 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] Plan. 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 0 substantial change to the Quietwood Creek Planned Development District, BE IT FURTHER RESOLVED, That the Plan Commission refers this matter to the Common Council, recommends a finding of substantial change to the approved Quietwood Creek Planned Development District, and recommends that the Common Council hold a public hearing on the same. 0 Plan Commission City of Muskego Adopted: August 21.2001 Defeated: Deferred: Introduced: August 21,2001 ATTEST. Sandi Asti, Recording Secretary /dA,9cdc ,J a