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PCR2022023 Autumn Penn RezoningRESOLUTION #P.C. 023-2021 RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM RC-2 — COUNTRY RESIDENCE DISTRICT AND SW — SHORELAND WETLAND DISTRICT TO PD — PLANNED DEVELOPMENT DISTRICT BASED ON RS-2 SUBURBAN RESIDENCE AND SW — SHORELAND WETLAND DISTRICT FOR THE PROPERTY LOCATED IN THE SE'/4 & SW 1/4 OF SECTION 13 (TAX KEY NOS. 2211.996.002 & 2211.997 / PRIEGEL DRIVE AND DURHAM DRIVE). WHEREAS, A petition was submitted by Mike Kaerek of Kaerek Homes Inc. to rezone property from RC-2 — Country Residence District and SW — Shoreland Wetland District to PD — Planned Development District (based on RS-2 — Suburban Residence District and SW — Shoreland Wetland District) of the Property located at Priegel Drive and Durham Drive, and WHEREAS, The RS-2 district allows minimum lot sizes of 20,000 SF with minimum average width of 110 feet, and WHEREAS, The 2020 Comprehensive Plan identifies this area for Low Density Residential Uses and the proposal is consistent with the plan, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on April 27, 2021, and WHEREAS, There were no public comments at the Public Hearing, and WHEREAS, The rezoning is being proposed to facilitate a tentative subdivision proposal is for forty-five (45) lots along with five (5) outlots, and WHEREAS, As part of the PD request the applicant is asking for zoning waivers including a minimum average lot width of 100 feet, front setback of 30 feet, side yard offsets of 15 feet and a rear offset of 25 feet, with the exception of the lots abutting Durham Drive and Priegel Drive which remain at 40 feet, and WHEREAS, The applicant is NOT requesting any type of density bonus as part of this PD request. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning to PD — Planned Development District (based on RS-2 — Suburban Residence District and SW — Shoreland Wetland District) for the property located in the SE '/4 & SW '/4 of Section 13 (Tax Key No. 2211.996.002 & 2211.997 / Priegel Drive & Durham Drive), and BE IT FURTHER RESOLVED, This resolution recommends to the Council to include in the ordinance that the rezoning only takes effect upon approval of the Final Plat. 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: May 4, 2021 Defeated: Deferred: Introduced: May 4, 2021 ATTEST: Adam Trzebiatowski, Planning Manager