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PCR2016064RESOLUTION #P.C. 064-2016 RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020 COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO FOR CARITY LAND CORPORATION FOR A PROPERTY LOCATED IN THE NE ¼ OF SECTION 3 (TAX KEY NO. 2169.999.009 / COLLEGE AVENUE) WHEREAS, A petition for a Rezoning and 2020 Comprehensive Plan Amendment was submitted by Carity Land Corporation for a property along College Avenue (Tax Key No. 2169.999.009), and WHEREAS, The rezoning request is to amend the existing B-3 General Business District to RS-2 Suburban Residence District 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 property is currently served by municipal sanitary sewer and private well. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from B-3 General Business District to RS-2 Suburban Residence District and approval of the 2020 Comprehensive Plan Amendment to Medium Density Residential for Carity Land Corporation for the property on College Ave. (Tax Key No. 2169.999.009). BE IT FURTHER RESOLVED, That Plan Commission finds that the 2020 Plan can be amended in this instance as the proposed 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 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: Defeated: Deferred: Introduced: December 6, 2016 ATTEST: Kellie McMullen, Recording Secretary