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PCR2005078aAMENDED RESOLUTION #P.C. 078a-2005 APPROVAL OF A THREE (3) LOT LAND DIVISION FOR THE COLLINS PROPERTY LOCATED IN THE SE ¼ OF SECTION 5 (TAX KEY NO. 2180.980 / LEMBEZEDER DRIVE) WHEREAS, On June 6, 2005 a Certified Survey Map was submitted by Jewell Real Estate Consultants, LLC. for a three (3) lot land division of the Collins property located in the SE ¼ of Section 5 (Tax Key No. 2180.980 / Lembezeder Drive), and WHEREAS, Said property is zoned RS-2 Suburban Residence District requiring minimum lot size of 20,000 square feet and an average minimum width of 110 feet, and all parcels meet said minimum zoning requirements, and WHEREAS, The 2010 Comprehensive Plan depicts this area as being set aside for medium density residential development and this proposal is within this goal, and WHEREAS, All parcels will be serviced by municipal sewer and Lots #2 and #3 may require a grinder pump, and WHEREAS, The intention of the developer is to have the access drive remain as a private street, and WHEREAS, All lots will be serviced with private wells. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Certified Survey Map submitted by Jewell Real Estate Consultants, LLC. for a three (3) lot land division of the Collins property located in the SE ¼ of Section 5 (Tax Key No. 2180.980 / Lembezeder Drive), subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That Public Works Committee must review the proposed private street to determine whether that street needs to be improved to City standards. BE IT FURTHER RESOLVED, That if Public Works Committee determines that the street can be private, a note must be placed on the CSM that states that each lot owner is responsible for a portion of the private street. BE IT FURTHER RESOLVED, That the Public Works Committee determined that a private driveway would be allowed within the public right-of-way and that a driveway agreement must be recorded upon land division and language must be added to the final CSM stating that the private drive will not be maintained by the City or the responsibility of the City. BE IT FURTHER RESOLVED, Whether or not the street needs to be improved to City standards, the radius of the cul-de-sac can be reduced to a dimension that the Engineering Department feels is safe and adequate due to the right-of-way not being able to be expanded in the future. BE IT FURTHER RESOLVED, That the building setback and offsets be shown on the CSM before Common Council approval to ensure buildable area on each lot. BE IT FURTHER RESOLVED, That the CSM must note that no access shall be gained off of Lembezeder Drive along the north boundary of Lot #1. BE IT FURTHER RESOLVED, That any other necessary easements be shown on the CSM. BE IT FURTHER RESOLVED, That a grading plan for the development will need to be approved by the Engineering Department prior to Common Council approval. BE IT FURTHER RESOLVED, That a Subdivider’s Agreement must be established because of improvements within the right-of-way before Common Council approval of the CSM. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: July 19, 2005 Defeated: Deferred: June 21, 2005 Introduced: June 21, 2005 ATTEST: Sandi Asti, Recording Secretary