ORD1997925AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #925
AN ORDINANCE TO CONDITIONALLY AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
RS-2 to RS-2/OOS
(Berg Construction, Inc.)
THE COMMON COUNCIL OF THE .CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS :
from RS-2 to RS-2/00S if all of the conditions stated in Section 2
SECTION 1: The following described property is hereby rezoned
of this Ordinance are complied with on or before the date indicated
herein, time being of the essence:
Being a part of Parcel 4 of Certified Survey Map No. 7495 being part
of the SE 1/4 of the SE 1/4 of Section 8 and the SW 1/4 of the SW 1/4
of Section 9, T5N, RZOE, in the City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows:
Commencing at the Southwest corner of said SW 1/4 Section 9; thence S
88O58'34" W along the South line of said SW 1/4 Section 9, 15.04 feet;
thence N 38°02'50" W, 103.30 feet; thence N 39'10'51'' W, 158.96 feet;
of Racine Avenue (C.T.H. "Y") and the place of beginning of the lands
thence N 50°49'09" E, 50.00 feet to a point on the Northeasterly line
to be described; thence N 39'10'51'' W along said Northeasterly line,
576.10 feet; thence S 89O05'49" E, 121.22 feet; thence N 84O16'21" E,
111.77 feet; thence S 49°48'35" E, 220.00 feet; thence S 36'38'17" E,
135.31 feet; thence S 25°28'10" E, 46.04 feet; thence S 31'46'29" W,
197.50 feet; thence N 82'45'30" W, 33.33 feet to the place of
beginning. Containing 103,877 square feet or 2.385 acres of land,
more or less.
SECTION 2: Conditions Imposed: The following conditions must
be complied with on or before the date indicated, time being of the
essence, or this ordinance is null and void and the properties are
zoned RS-2 without further notice:
0
0
A. The construction of the office building must begin on or
before March 31, 1998. For the purposes of this
ordinance, construction means the beginning of
substantial excavation for foundation, footings or base
for new construction for Phase I of the office building
project; and
B. A signage plan shall be submitted and receive approval as
permitted on the subject property are subject to all
set forth herein on or before March 31, 1998. All signs
The size, materials and landscaping of any sign is
restrictions and requirements of the City of Muskego.
City of Muskego. Said signage plan shall become an
subject to the approval of the Plan Commission for the
Exhibit to petitioner's plan of operation; and
, Ordinance #925 Page 2
~0 C.
D.
E.
0 F.
G.
Prior to March 31, 1998, petitioner shall have a grading
plan prepared by a professional engineer or landscape
architect and petitioner shall provide written proof that
the plan has been approved by the City Engineer. Said
approvals shall be filed with the Plan Commission for the
City of Muskego and shall be attached as an Exhibit to
petitioner's plan of operation; and
Petitioner shall enter a Developer's Agreement that is
satisfactory to the City of Muskego concerning the
development of the subject property on or before March
31, 1998; and
Petitioner shall submit and receive approval of a
lighting plan as set forth herein on or before March 31,
1998. The lighting plan shall be subject to the approval
of the City of Muskego Plan Commission. The location of
all lights shall be shown on the plan. All lights shall
be shielded to eliminate glare on adjacent property
approved by the Plan Commission for the City of Muskego.
owners. The intensity of all lighting shall be as
Said lighting plan shall become an Exhibit to
petitioner's plan of operation; and
Commission exterior material samples that will be used in
Petitioner shall submit to the City of Muskego Plan
the construction of the building, and the materials are
subject to the approval of the Plan Commission.
Petitioner must receive written approval of the
construction materials on or before March 31, 1998.
Petitioner shall file a detailed landscaping plan
planted and when, and a description of the size of the
indicating the types of material to be used, what will be
planting and materials, which shall be subject to the
approval of the City of Muskego Plan Commission. The
landscaping plan shall show perimeter trees not less than
The landscaping plan is subject to the approval of the
50 feet apart and islands with trees in drive fields.
City of Muskego Plan Commission. Petitioner shall file
written proof of the Plan Commission's approval of the
landscaping plan on or before March 31, 1998 and upon
filing, it shall become an Exhibit to petitioner's plan
of operation; and
e
Ordinance #925 Page 3 I.
H. Petitioner shall submit plans describing the location and
materials of construction for fencing on the property.
At a minimum, the fencing shall be six feet in height
along the eastern property line, and it shall not be
constructed of chain link. The fencing plan is subject
to the approval of the City of Muskego Plan Commission.
Petitioner must provide written proof of the Plan
March 31, 1998 and upon filing, it shall become an
Commission's approval of the fencing plan on or before
Exhibit to petitioner's plan of operation; and
I. Petitioner shall submit a plan showing the location and
screening and number of dumpsters for the development.
These plans for the dumpsters shall be subject to the
approval of the City of Muskego Plan Commission.
Petitioner shall provide written proof of the Plan
Commission's approval of these plans on or before March
31, 1998 and upon filing, it shall become an Exhibit to
petitioner's plan of operation.
SECTION 3: The several sections of this ordinance are
declared to be severable. If any section or portion thereof shall
be declared by a decision of a court of competent jurisdiction to
be invalid, unlawful, or unenforceable, such decision shall apply
only to the specific section or portion thereof directly specified
in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose
terms are in conflict with the provisions of this ordinance are
hereby repealed as to those terms that conflict.
SECTION 4: This Ordinance shall be in full force and effect
conditions stated above being met within the time stated, time
from and after its passage and publication and subject to all
being of the essence, and this Ordinance is null and void and RS-2
zoning in effect with no further notice if any condition is not
complied with on the terms and conditions stated herein.
PASSED AND APPROVED THIS 25th
David L. "De Angelis, Mayor
First reading 3/11/97
m. ATTEST:
Published on the 3rd day
of April, 1997.
3/97 jmb
STATE OF WISCONSIN )
Milwaukee Counly )
) 5s.
4fhial Notice
COMMON COUNCIL AMENDED
CITY OF MUSKEGO ORDINANCE #926
CONDITIONALLY AMEND AN ORDINANCE TO i
OF THE CITY OF MUSI(EGO
THE ZONING MAP
RS-2 to RS-2100s ." ~ ~~ ~
THE COMMON COUNCIL OF THE CITY
(Berg Construction, Inc.)
OF MUSKEW. WISCONSIN, DO ORDAIN ffi FOLLOWS: SECTION 1: The following described
property is hereby rezoned from RS-2 to RS-
UOOS if all of the conditions stated in Sec-
tion 2 of this Ordinance are complied with on
or before the date indicated herein, time
being of the essence:
Being a part of Parcel 4 of Certified Survey
Map No. 7495 being part of the SE 114 of the SE U4 of Section 8 and the SW 114 ofthe SW
U4 of Section 9, T5N. RZOE, in the City of
Muskego, Waukesha County, Wisconsin,
bounded and described as follows:
Cdmmencipg at the Southwest corner of
said SW 114 Section 9; thence S 88"58'34" W
along the South line ofeaid SW V4 Section 9,
15.04 feet, thence N 38'02'50" W, 103.30 feet;
thence N 39'10'51" W, 158.96 feet; thence N
50'49'09" E, 60.00 feet to a point on the
Northeasterly line of Racine Avenue (C.T.H.,
"Y"] and the place of beginning ofthe lands
to be described; thence N 39'10'51" w along
said Northeasterly line, 576.10 feet; thence
89'05'49" E, 121.22 feet; thence N 84'16'21:' I E, 111.77 feet; thence S 49'48'35" E, 220.00
feet; thence S 36"38'17" E, 135.31 feet;
thence s 25'28'10" E, 46.04 feet, thence S
W, 33.33 feet to the place of beginning. Con- '
31'46'29" W, 197.50 feet; thence N 82.45'30 ,
raining 103,877 square feet or 2.385 acres Of
W~&i#@W SUN ,
with on or before the date indicated, time-
being ofthe essence, or this ordinance is null
and void and the properties are zoned RS-2
without further notice: A. The construction of the ofice building
muat begin an or before March 31, 1998. For
the purposes of this ordinance, eonstruction
means the beginning-ef substantial exeava-
tion for foundation, footings or base for new
construction for Phase I ofthe office building
project; and B. A sirmarre plan ahall be submitted and
.... .MUSKEGO. SUN. .................... a newspaper published at .. .M.?SKEG? .............
Wisconsin and lhat an advertisement of which Ihe annexed is a
true COPY, laken from said paper, was published therein on
.......... w3. ..
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Subscribed and sworn lo before lhe this . d.Rd ...... dav
receive Gpr&d as set forth herein on or
before March 31, 1998. AU signs permitted
on the subject properly are subject to all 1
restrictions and requirements of the City of
Muskego. The size, materials and landscap-
ing of any sign is subject to the approval of I
tbe Plan Commission for the City of I
Muskego. Said signage plan shall become an
Exhibit to petitioner'a plan ofoperation; and of and C. Prior to March 31,1998. petitioner shall 1, petitioner submit a plan.showing
have a grading plan Prepared by a profes- ! the location and screening and number of
sional engineer or landscape architect and ' dumpsters for the development. These plans
petitioner shall provide written proof that ~ for the dumpsters shall be subject to the
the plan has been approved by the City approval of the City of Muskego Plan em.
Engineer. Said approvals shall be filed with mission. petitioner shall provide wntten
the Plan Cbrnmission for the City of Muskego ' of fie plan Commission's approval Of
and shall be attached.ns an Exhibit to peti- these plans on or before March 31. 1998 and timer's plan ofoperatidn; and t,wn ~~ine. it shall become an Exhibit to D. Petitioner shall enter a Developer's
Agreement that is satisfactory to the City of
Muskego concerning the .development of the
subject property on or before March 31,1998;
and
E. Petitioner shall submit and receive
approval of a lighting plan as set forth here-
plan shall be subject to the approval of the
in on or before March 31, 1998. The lighting
City of Muskego Elad Commission. The lam.
All lighta ahall be shielded to eliminate glare
tion of all lights ahall be ahown on the plan.
an adjacent property,owners. The intensity
of dl lighting shall be 85 approved by~the
Plan Commission fv the City of Muskego.
Seid lighting plan ahal1,bemme an Exhibit to
petitioner's nlnn of operation; and