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PCR2022001 Glen at Park Arthur Rezone Comp Plan AmendRESOLUTION #P.C. 001-2022 RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020 COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO FOR THE GLEN AT PARK ARTHUR DEVELOPMENT FOR PROPERTIES LOCATED IN THE NE'/4 & SE'/4 OF SECTION 4 (TAX KEY NOS. 2173.995, 2173.996.001, AND 2173.995.001 / S66 W17626 MARTIN DRIVE) WHEREAS, A petition for a Rezoning and 2020 Comprehensive Plan Amendment was submitted by John Wahlen of Cornerstone Development for three properties located at S66 W17626 Martin Drive (Tax Key Nos. Tax Key Nos. 2173.995, 2173.996.001 and 2173.995.001), and WHEREAS, The rezoning request is to amend the existing M-1 Light Industrial District and RSE Suburban Estate District to a Planned Development District based on the RS-2 Suburban Residence District, per the rezoning submittal, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on December 14, 2021, and WHEREAS, The 2020 Comprehensive Plan identifies this area for low density residential 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, Pursuant to a recent sewer study, the property will be served by municipal gravity sanitary sewer as well as municipal water planned extensions. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from M-1 Light Industrial District and RSE Suburban Estate District to a Planned Development District (based on the RS-2 Suburban Residence District) and approval of the 2020 Comprehensive Plan Amendment to Medium Density Residential for John Wahlen for the properties located at S66 W 17626 Martin Drive (Tax Key Nos. 2173.995, 2173.996.001 and 2173.995.001). 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 a Final Plat 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: January 4, 2022 Defeated: Deferred: Introduced: January 4, 2022 ATTEST: Adam Trzebiatowski, Planning Manager