PCR2016063RESOLUTION #P.C. 063-2016
RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND THE 2020
COMPREHENSIVE PLAN, AND APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR
CARITY LAND CORPORATION FOR PROPERTIES LOCATED IN THE NW ¼ OF SECTION 2
(TAX KEY NO. 2166.997.001 / COLLEGE AVENUE)
WHEREAS, A petition for a Rezoning, 2020 Comprehensive Plan Amendment and Two Lot
Certified Survey Map was submitted by Carity Land Corp. for a property along College Avenue
(Tax Key No. 2166.997.001), and
WHEREAS, The rezoning request is to amend the existing BP-3 Business Park District to RS-1
Suburban Residence District all per the rezoning submittal, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on
November 22, 2016, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for business park uses and
requires an amendment to medium density residential uses, and
WHEREAS, The 2020 Comprehensive Plan is allowed to be changed by the Planning
Commission and Common Council when it is deemed that the request has found that it is
consistent in all respects to the spirit and intent of the City’s ordinances, is in conformity with the
general plans for community development, would not be contrary to the general welfare and
economic prosperity of the City or of the immediate neighborhood, that the specific development
plans have been prepared with competent professional advice and guidance, and that the benefits
and improved design of the resultant development justifies the variation from the normal
requirements of the adopted Comprehensive Plan, and
WHEREAS, The rezoning and the 2020 Comprehensive Plan amendment only are for the
northern most portion of this lot, as shown within the submitted maps/exhibits, and
WHEREAS, The two proposed parcels on the CSM vary in size from 1.89 acres to 17.79 acres
and are for future residential and commercial uses, and
WHEREAS, The northern residential lot will be served by municipal sanitary sewer and private
well and the southern commercial property is currently served by municipal sanitary sewer and
municipal water.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning from BP-3 Business Park District to RS-1 Suburban
Residence District, approval of the 2020 Comprehensive Plan Amendment to Medium Density
Residential and Approval of a Two Lot Certified Survey Map for Carity Land Corporation for the
property on College Avenue (Tax Key No. 2166.997.001).
BE IT FURTHER RESOLVED, That Plan Commission finds that the 2020 Plan can be amended
in this instance as the proposed concept plan as part of the rezoning request is consistent to the
spirit and intent of the City’s ordinances, is in conformity with the general plans for community
development, and would not be contrary to the general welfare and economic prosperity of the
City or of the immediate neighborhood.
BE IT FURHTER RESOLVED, That all technical corrections from the CSM review will need to be
addressed before the Certified Survey Map can be signed and recorded.
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: December 6, 2016
Defeated:
Deferred:
Introduced: December 6, 2016
ATTEST: Kellie McMullen, Recording Secretary