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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