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PCR2020024 Will Rose Rezone BSO Amend RESOLUTION #P.C.024-2020 APPROVAL OF A ZONING AMENDMENT TO THE PD-42 ZONING DISTRICT AND BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR THE WILL ROSE APARTMENTS LOCATED IN THE NE ¼ OF SECTION 10 (JANESVILLE ROAD / TAX KEY NOS. 2198.160.001, 2198.160.002, 2198.160.003 & 2198.160.004) WHEREAS, Plans were submitted by AG Architecture to amend the PD-42 Zoning District for the Will Rose Apartment development located in the NE ¼ of Section 10 (Janesville Road / Tax Key Nos. 2198.160.001, 2198.160.002, 2198.160.003 & 2198.160.004), and WHEREAS, The current version of the Planned Development zoning district (PD-42) for this development was approved by Council Ordinance #1412 on December 12, 2017, and WHEREAS, The original PD district approved a 50-unit apartment building (known as Phase 1), a 40-unit apartment building (known as Phase 2), and clubhouse (known as Phase 3), as well as the continued allowance of a 1.5 acre corner lot for future commercial uses, and WHEREAS, The Plan Commission and Common Council allowed the number of units to be adjusted to 51 units and 39 units as a non-substantial change to the PD-42 Zoning District, and WHEREAS, The newly proposed zoning amendment is to increase the number of allowed units in the second building from 39 units to 45 units, and WHEREAS, The proposed additional units are gained with minor building footprint adjustments and with the switching of some interior open spaces and two-bedroom units to one-bedroom units, and WHEREAS, The first building that is currently under construction was allowed a ten-foot setback waiver (from 40’ to 30’) and this request would allow the second building to have the same 30-foot setback from the Janesville Road right-of-way line, and WHEREAS, A Public Hearing for the rezoning will be heard before the Common Council in April or May 2020, and WHEREAS, The original Building, Site and Operation Plan (BSO) was approved via #P.C. 025-2018 on April 9, 2018, and WHEREAS, There are also some minor exterior elevation changes that are being proposed to further tie the two buildings together architecturally and to accommodate the slight footprint change, and WHEREAS, By adjusting the building footprint, three additional enclosed parking stalls will be added for a total of 48 enclosed stalls for 45 units, and WHEREAS, Twelve (12) additional outdoor parking stalls for residents and guests have been provided by shifting the building to the thirty foot setback, and WHEREAS, An additional amendment that is proposed for the development is the addition of a community garden for the exclusive use of residents within the complex. THEREFORE BE IT RESOLVED, The Plan Commission approves the Building, Site and Operation Plan amendment and the Plan Commission is recommending to the Common Council the zoning amendment to the PD-42 District to allow the additional six (6) residential units for the second building (totaling 96 units for the overall development) for the Will Rose Apartment development located in the NE ¼ of Section 10 (Janesville Road / Tax Key Nos. 2198.160.001, 2198.160.002, 2198.160.003 & 2198.160.004). BE IT FURTHER RESOLVED, If any negative comments and/or concerns arise from that Public Hearing, then this Resolution would come back before the Plan Commission for re-review before final Common Council action. BE IT FURTHER RESOLVED, All previously noted architectural conditions from the past resolutions still apply. BE IT FURTHER RESOLVED, The community garden cannot be utilized as a commercial garden facility and can only be used by residents of the apartment complex. BE IT FURTHER RESOLVED, Any fencing needed as part of the community garden will require a separate Zoning Permit approval. BE IT FURTHER RESOLVED, All conditions of approval from the original BSO remain applicable for this project. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in 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 of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: April 2, 2020 Defeated: Deferred: Introduced: April 2, 2020 ATTEST: Adam Trzebiatowski, Planning Manager