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PCR2020039 Cornerstone Rezone Comp Plan Amend RESOLUTION #P.C. 039-2020 RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020 COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO FOR CORNERSTONE DEVELOPMENT FOR PROPERTIES LOCATED IN THE NE AND SE ¼ OF SECTION 26 AND THE NW AND SW ¼ OF SECTION 25 (TAX KEY NOS. 2258.074, 2258.996.001, 2259.970, 2261.978.003 and 2264.999 / LOOMIS ROAD) WHEREAS, A petition for a Rezoning and 2020 Comprehensive Plan Amendment was submitted by John Wahlen of Cornerstone Development for five properties along Loomis Road (Tax Key Nos. 2258.074, 2258.996.001, 2259.970, 2261.978.003 and 2264.999), and WHEREAS, The rezoning request is to amend the existing RM-1 Multiple Family Residential District, B-4 Highway Business District and PD-38 Stonebridge Planned Development District to a Planned Development District based on the RM-2 Multiple Family Residential District, per the rezoning submittal, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on July 14, 2020, and WHEREAS, The 2020 Comprehensive Plan identifies this area for high density residential and commercial 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 will be served by municipal sanitary sewer and water with planned extensions. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from RM-1 Multiple Family Residential District, B-4 Highway Business District and PD-38 Stonebridge Planned Development District to a Planned Development District (based on the RM-2 Multiple Family Residential District) and approval of the 2020 Comprehensive Plan Amendment to Medium Density Residential for Cornerstone Development for the properties on Loomis Road (Tax Key No. 2258.074, 2258.996.001, 2259.970, 2261.978.003 and 2264.999). 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 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. 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: July 21, 2020 Defeated: Deferred: Introduced: July 21, 2020 ATTEST: Adam Trzebiatowski, Planning Manager