Title
Resolution outlining reasons for denial relative to the Ordinance (O-2004-0046) to amend the official zoning map by rezoning certain properties located at 3190 and
31** S. Wollmer Rd. from C-4 Regional Commercial and RA-1 Residence District to RC-1 Residence District, requested by Michael Hoffman, Developer
Body
WHEREAS, Michael Hoffman, d/b/a Creekside Meadows, LLC., duly filed with Paul M. Ziehler, City Administrative Officer-Clerk/Treasurer an application to request a rezoning from C-4 Regional Commercial and RA-1 Residence District to RC-1 Residence District, pursuant to Sec. 12.14 of the Revised Municipal Code and for design review for a proposal to construct a 24-unit residential condominium project on a total of 1.3 acres of land located at 3190 and 31** S. Wollmer Rd., pursuant to Sec. 12.13 of the Revised Municipal Code; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on
November 16, 2004, at 5:00 p.m., in the Common Council Chambers to consider the application; and,
WHEREAS, the following pertinent facts are noted:
1. The applicant, Michael Hoffman, d/b/a Creekside Meadows, LLC., has offices at W230 S4361 Milky Way Road, Waukesha, WI 53189.
2. The applicant has made an offer to purchase said land from the property owner, Dennis Kasian. The properties are situated on the east side of S. Wollmer Rd. in the City of West Allis, Milwaukee County, Wisconsin, more particularly described as follows:
Parcels 1 and 2 of Certified Survey Map No. 5072, being part of located in the Northeast ¼ of Northeast ¼ Section 18, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, describes as follows:
Beginning at the northwest corner of the said Parcel 1; thence North 89°11'08" East, 292.77 feet; thence South 57°39'02" East, 48.60 feet; thence South 29°33'50" East, 173.25 feet; thence South 89°27'17" West, 324.21 feet; thence North 28°25'52" West, 199.71 feet to the Point of Beginning.
Said land being located at 3190 S. Wollmer Rd. (Tax Key No. 523-9987-001) and
31** S. Wollmer Rd. (Tax Key No. 523-9987-002)
3. The Property at 3190 S. Wollmer Rd. is zoned C-4 Regional Commercial District. The Property at 31** S. Wollmer Rd. is zoned RA-1 Residence District.
4. The applicant has requested to rezone both properties to RC-1 Residence District which permits multi-family residential developments as a permitted use subject to the land area per dwelling unit ratios specified in Sec. 12.37(5) of the Revised Municipal Code.
5. The properties are located on the east side of S. Wollmer Rd. Properties to the south are developed as single-family residential. Properties to the west are developed as single-family residential properties to the north and east are developed as commercial.
WHEREAS, the Common Council, being fully advised in the premises, finds that the conditions set forth in Section 12.14(e)(f) and (g) of the Revised Municipal Code are not present, specifically,
12.14(e) The change is consistent with the established land use pattern.
12.14(f) The request constitutes a continuation or an extension of an existing zoning district
12.14(g) A change in conditions in the area supports the proposed amendment or map change.
These findings are based upon the following:
While the subject properties are identified on the City of West Allis Comprehensive Plan 2010 as multi-family, the proposed density is not appropriate for the existing neighborhood context. The proposed number of dwelling units per acre for the Creekside Development is 18.5 units per acre. The existing neighborhood area consists of low-density residential with a density of approximately 3 units per acre. Other condominium and apartment projects (Riverwalk Condos, Courtyard Condos and Oklahoma Townhome Apartments), approved by the Common Council, have densities ranging between 8.0 - 13 units per acre.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the rezoning request and subsequent ordinance to rezone the properties located at 3190 and 31** S. Wollmer Rd. submitted by Michael Hoffman, Creekside Meadows, LLC. be and is hereby denied.
BE IT FURTHER RESOLVED that the application shall not be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Common Council.
Mailed to applicant on the
_________day of _________________, 2004
____________________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-479\12-21-04\jmg