PCR2005095aAMENDED
RESOLUTION #P.C. 095-2005
RECOMMENDATION OF DENIAL TO REZONE A PROPERTY FROM A –
AGRICULTURE DISTRICT TO THE RSM MULTIPLE FAMILY RESIDENCE
DISTRICT AND A 2010 COMPREHENSIVE PLAN AMENDMENT FROM
AGRICULTURE AND OPEN LANDS TO HIGH DENSITY RESIDENTIAL
LOCATED IN THE SE ¼ OF SECTION 18 AND SW ¼ OF SECTION 17
(TAX KEY NOS. 2232.980 AND 2232.981/ HILLENDALE DRIVE)
WHEREAS, On July 15, 2005 a petition for rezoning was submitted by Murn and
Martin, S.C. to rezone properties from A – Agriculture District to the RSM Multiple
Family District located on Hillendale Drive (Tax Key Nos. 2232.980 and 2232.981), and
WHEREAS, A Public Hearing for the rezoning has been scheduled before the Common
Council on August 9, 2005, and
WHEREAS, The petition would permit sewered residential development allowing one
unit of multiple-family residential for every 5,000 square feet of land developed, and
WHEREAS, The 2010 Comprehensive Plan currently depicts the property for rural and
agricultural use consistent with the A – Agriculture District or RCE Residential Country
Estate District, and this proposal is not consistent with this goal, and
WHEREAS, A 2010 Plan Amendment is proposed to alter the Agriculture and Open
Lands classification to High Density Residential making a rezoning to Multiple Family
Residence consistent with the 2010 Comprehensive Plan, and
WHEREAS, Petitioner’s property is now or is likely to be in the sewer service
district.
WHEREAS, Plan Commission and Common Council previously recommended approval
of a rezoning for these properties from A Agricultural District to RCE/COPD Country
Estate District with a Conservation Planned Development Overlay per Common Council
Ordinance #1164, and this rezoning was dependent on the approval of a subdivision plat
meeting these zoning requirements, and the petitioners have since removed this previous
request.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
denial to the Common Council for the rezoning from the A – Agriculture District to the
RSM Multiple Family District and a 2010 Comprehensive Plan Amendment from
Agricultural and Open Lands to High Density Residential for properties located on
Hillendale Drive (Tax Key Nos. 2232.980 and 2232.981).
BE IT FURTHER RESOLVED, That the Plan Commission recommends denial of the
rezoning and 2010 Plan Amendment due to the following reasons:
1. Non-compliance with the 2010 Comprehensive Plan was found seeing that these
parcels were intended to be rural in nature consistent with the A Agricultural or
RCE Rural Country Estate zoning districts.
2. That the previous rezoning allowed for these properties to be in the RCE/COPD
Country Estate District with a Conservation Planned Development Overlay
District is still allowed for these properties and this zoning district with this
density meets the intent of the future Comprehensive Plan for the City and is seen
as more favorable.
3. Due to staff reasons found above and in the Plan Commission Supplement for
Resolution #P.C. 095-2005.
4. That the RSM zoning district is too intense for the immediate area and is out of
character with the development in the area.
5. That the Plan Commission recognizes that the petitioned parcels are within
the sewer service or are likely to be in the near future.
6. That if the petitioner continues to want a change from A Agricultural zoning,
the Plan Commission believes that a sewered district, such as the RSE/COPD
designation may meet the intentions of the 2010 Comprehensive Plan and the
overall character of the surrounding area.
7. That the Plan Commission feels the RSM zoning is totally out of place and
that the removal of low density zoning restrictions upon this property shall
cause the property to become an incompatible land use with the surrounding
properties which in and of itself could and would have a detrimental affect
on character and rural atmosphere that exists there.
Plan Commission
City of Muskego
Adopted: September 20, 2005
Defeated:
Deferred: August 16, 2005; September 6, 2005
Introduced: August 16, 2005
ATTEST: Sandi Asti, Recording Secretary