Loading...
PCR2019067 Home Path Financial Condo Plat_CSM_Comp Plan Amend_Rezoning AMENDED RESOLUTION #P.C. 067-2019 APPROVAL OF A CERTIFIED SURVEY MAP AND CONDOMINIUM PLAT AND RECOMMENDATION TO COUNCIL TO REZONE A PROPERTY FROM B-3 GENERAL BUSINESS DISTRICT TO PD PLANNED DEVELOPMENT DISTRICT AND A 2020 COMPREHENSIVE PLAN AMENDEMENT FOR THE COBBLESTONE MEADOWS DEVELOPMENT LOCATED IN THE SE ¼ OF SECTION 9 (TAX KEY NO. 2196.958.004 / S76 W17501 JANESVILLE ROAD) WHEREAS, A Condominium Plat, Certified Survey Map and a petition for a Rezoning and 2020 Comprehensive Plan amendment were submitted for the Cobblestone Meadows development located in the SE ¼ of Section 9 (S76 W17501 Janesville Road / Tax Key No. 2196.958.004), and WHEREAS, The request is to rezone the property from B-3 General Business District and RS-3 Suburban Residence District to a PD - Planned Development District per the rezoning development submittal, and WHEREAS, The PD district (PD-48) would be based on the underlying zoning of RM-2 – Multiple Family Residence District (Lot 1) and B-3 – General Business District (Lot 2/Outlot 1), and WHEREAS, The 2020 Comprehensive Plan identifies this area for Commercial uses and will need an amendment to Medium Density Residential uses (for the two-family homes/duplexes) and Commercial uses (for the commercial outlot), and WHEREAS, The Planned Development zoning request is for nine (9) two-family side-by-side condo buildings (18 total residential units) on 6.34 total acres, which breaks down to 2.84 units per acre, which within the 2.99 units per acre allowed under the Medium Density Residential land use and allowed under the RM-2 base zoning, and WHEREAS, A Planned Development Zoning District allows for greater freedom, imagination, and flexibility in the development of land while insuring substantial compliance to the intent of the normal district regulations of the City’s ordinances, and WHEREAS, A Public Hearing for the rezoning and 2020 Plan amendment was heard before the Common Council on November 26, 2019, and WHEREAS, PD-48 received previous rezoning approvals under Ordinance #1396 on May 12, 2015 to conditionally allow 16 total units within 8 duplex buildings on this property and this new request is to over- ride that previous conditional approval, and WHEREAS, The proposed CSM contains two (2) lots ranging in size from 9,252 SF (Lot 2/Outlot 1) to 228,992 SF (Lot 1) and the CSM will dedicate the new public road to service this development, and WHEREAS, Lot 1 will become Cobblestone Meadows Condo development, and WHEREAS, Lot 2 (to be changed to Outlot 1) is a remnant outlot that is unbuildable on its own, but there is a tentative proposal to have this outlot possibly sold to or used for access to/for the adjacent commercial land owner to the east, and WHEREAS, The Condo Plat is showing the approximate layout of the condo development, and WHEREAS, The Condo Plat and Certified Survey Map are in the review process and all technical corrections must be addressed before recording, and WHEREAS, The new development will be served by municipal sanitary sewer and municipal water. THEREFORE BE IT RESOLVED, That the Plan Commission approves a Condo Plat and Certified Survey Map for Cobblestone Meadows in the SE ¼ of Section 9 (S76 W17501 Janesville Road / Tax Key No. 2196.958.004) subject to resolution of technical discrepancies as identified by the Planning Division and Engineering Division, and payment of all applicable fees in the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council to rezone a property from B-3 General Business District and RS-3 Suburban Residence District to a PD - Planned Development District and to amend the 2020 Comprehensive Plan from Commercial uses to Medium Density Residential uses (for the two-family homes/duplexes) and Commercial uses (for the commercial outlot). BE IT FURTHER RESOLVED, The PD – Planned Development rezoning and Condo Plat recommendation to Common Council is to limit the number of dwelling units to sixteen total units (eight side-by-side condos). BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the Certified Survey Map and Condo Plat can be signed and recorded. BE IT FURTHER RESOLVED, This resolution recommends to the Council to include in the ordinance that the rezoning only takes effect upon approval and execution of Plan Commission approved BSO Plans for all elements of the proposed development, and the recording of the Developers Agreement and CSM/Condo Plat. BE IT FURTHER RESOLVED, This resolution recommends to the Council that name of the PD district should be amended as part of the Common Council ordinance from “Ingold” to “Cobblestone Meadows”. BE IT FURTHER RESOLVED, This resolution recommends to the Council that based on previous Ordinance #1396 (previously granted rezoning and Land Use amendment) and with adoption of the new Common Council Ordinance, the land use for Tax Key No. 2196.958.003 and Tax Key No. 2196.958.002 (two single-family lots) will be changed from Commercial Uses to Medium Density Residential Uses. BE IT FURTHER RESOLVED, That Plan Commission approval of the Building, Site and Operation Plan is required for the details of the final site layout, architecture, landscaping, etc. before any building permits can be issued. BE IT FURTHER RESOLVED, That a digital file of the CSM and Condo Plat shall be submitted to the City. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file with the City and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: December 3, 2019 Defeated: Deferred: Introduced: December 3, 2019 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 2