Loading...
PCR2003128RESOLUTION #P.C. 128-2003 DETERMINATION OF A NON-SUBSTANTIAL CHANGE TO THE APPROVED RESERVE AT CHAMPIONS VILLAGE PLANNED DEVELOPMENT PERTAINING TO OPEN SPACE FOR PARCEL 3 LOCATED IN THE NW ¼ OF SECTION 25 (S96 W13149 LINKSWAY COURT / TAX KEY NO. 2257.166 WHEREAS, On September 26, 2003, plans were submitted by Downing Brothers Builders for determination of a non-substantial change to the approved Reserve at Champions Village planned development pertaining to open space requirements for Parcel 3, and WHEREAS, The petitioner is proposing to construct a residence and install a paved driveway measuring approximately 3,381 square feet, and WHEREAS, Said property is currently zoned RS-3/OPD, Suburban Residence District as modified by the Planned Development Overlay, and said use is a permitted use by right, and WHEREAS, The petitioner’s property measures 12,500 SF, and the RS-3/OPD District for the Reserve at Champions Village, requires each property to maintain 10,000 square feet of open space, and said plans result in 8,619 square feet of open space, and WHEREAS, The Public Works Committee and City Engineer require the use of Technical Release 55 (TR-55): Urban Hydrology for Small Watersheds as prepared by the U.S. Department of Agriculture to calculate storm runoff volume, peak rate of discharge, and storage volumes required for management plans and facilities, and WHEREAS, Modeling for stormwater management assumed that this property would contain approximately 30% of impervious surface according to TR-55, and the existing management facility for the subdivision was designed to accommodate the proposed amount of impervious surface, and WHEREAS, Section 6.02 pertaining to Planned Development Districts permits the Plan Commission and Common Council to consider petitions “without specific compliance to the district regulations as hereinafter provided….” And as such, the Plan Commission and Common Council have the discretion within Planned Development Districts to allow additional impervious surface not in specific conformance with the Code, and WHEREAS, Section 17:6.02 of the Zoning Code permits the Plan Commission and Common Council to consider amendments to the District as either “substantial” or “non-substantial” changes. In the event that an amendment is considered substantial, a public hearing would be held prior to Common Council consideration. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the construction of a residence and installation of a paved driveway not to exceed a total of 3,881 square feet. BE IT FURTHER RESOLVED, That the Plan Commission determines this to be a non-substantial change to the approved Reserve at Champions Village Planned Development District and recommends to the Common Council that no public hearing shall be required. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspect of this plan as they relate to landscape areas and drainage shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: October 7, 2003 Defeated: Deferred: Introduced: October 7, 2003 ATTEST: Sandi Asti, Recording Secretary