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ORD20011088e COMMON COUNCIL -CITY OF MUSKEGO ORDINANCE #lo88 AN ORDINANCE TO AMEND THE ZONING MAP AND COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO (Tess Corners Volunteer Fire Department) (RSE to RSEIOIP) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1. The following described property is hereby rezoned from RSE to RSEIOIP. Part of the Northeast %of the Southwest X of Section 25, T5N R20E. City of Muskego, Waukesha County. Wisconsin, bounded and described as follows: Commencing at the Northwest corner of the said Southwest X; thence South 01' 17' 34 East along the west line of said quarter section, 1,264.85 feet to a point on the south right of way line of Loomis Road (S.T.H. 36); thence North 63' 29' 03" East along said right of way line 1,871.40 feet to the point of beginning of the land herein described: thence continuing North 63' 29' 03" East along said right of way line 95.90 feet; thence South 46' 43' 21" East 319.89 feet to a point on the centerline of Loomis Drive; thence South 43'16' 39" West along said centerline 90.00 feet; thence North 46' 43' 21" West 353.03 feet to the point of beginning and containing 0.695 acres. SECTION 2: 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 Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance is in full force and effect from and after passage and publication subject to transfer of ownership of property to be acquired and approval of the certified survey map. SECTION 4: The Common Council does hereby amend the 2010 Comprehensive Plan to reflect Institutional future land use of the property. PASSED AND APPROVED THIS 11 th DAY OF December , 2001 ATTEST. First Reading: 11127101 Published this 20th day of December, 2001 k-Treasurer City of Muskego a Plan Commission Supplement PC 175-2001 For the meeting of: November 6, 2001 REQUEST: Rezone lands from RSE to RSHOIP Loomis Drive (part of Tax Key No. 2259.999) SW 114 Section 25 PETITIONER Tess Corners Volunteer Fire Dept INTRODUCED: November 6,2001 LAST AGENDA: NIA PREPARED BY: Dustin WoHf BACKGROUND PC 175-2001 The Fire Department will be proposing to build an addition and must acquire lands to accommodate the new structure. The Final CSM to acquire approximately 90' of land to the east of the existing TCVFD property is proposed in Resolution #PC 174-2001 0 PLAN CONSISTENCY PC 175-2001 The 2010 Plan depicts the fire station for institutional use. The property The fire station property is zoned RSE I OIP Suburban Estate ~-~_____ __ . "" -. - .. . . - Comprehensive Pian: acquired is depicted for rural and agricultural use. An amendment lo the proposed - by Resolution #PC 175-2001 ". Instautional and Public Service Overlay District. The property being acquired is/ zoned RSE Suburban Estate District. A rezoning to include OIP is proposed for1 the Fire Department expansion, and a public hearing has been scheduled for1 November 27,2001 I 2oo,~2005 Plan, NO acquisitions are proposed in the area. The proposal is consistent with the1 - .~ " ~" . ~. ! j properties. The proposal is consistent with the Plan. __ ~" -~ ~ ~" .. The DRAFT Plan does not identify acquisition or management priorities on the: Street System Plan: Loomis Road and Loomis Drive are both dedicated to their ultimate widths. Access restrictions are in place on Loomis Drive. The proposal is consistent I with the 2010 Plan. JUtility Service heas: I The properties are sewed by public sewer and private water facilities. The/ proposal is consistent with the Plan. ~"I__"i_ .. ~~___ .. . ~_~I STAFF DISCUSSION PC 175-2001 Zoning: ____. "_ ~ - .___ "2 ". ~ .~ DRAFT Conservation Plan: - .___~ ~ I 1 " - __ . __ "" . - 0 The newly acquired property requires rezoning to include the OIP District to allow the Fire Department use. STAFF RECOMMENDATION PC 175-2001 Approval of Resolution #PC 175-2001 RESOLUTION #P.C. 175-2001 AMENDED RECOMMENDATION OF APPROVAL TO REZONE THE PROPERTY LOCATED AT SlOO W13444 LOOMIS DRIVE FROM RSE SUBURBAN ESTATE DISTRICT ,TO RSEIOIP, SUBURBAN ESTATE DISTRICT AS MODIFIED BY THE INSTITUTIONAL AND PUBLIC SERVICE OVERLAY, LOCATED IN THE SE ‘h OF SECTION 17 (PART OF TAX KEY NO. 2259.999) WHEREAS, A petition for rezoning was submitted by the Tess Corners Volunteer Fire Department to rezone the Schultz property from RSE, Suburban Residence District, to RSE/OIP. Suburban Residence District as modified by the Institutional and Public Service Overlay, and WHEREAS, The 30-feet of land abutting the east property line of the existing Fire Department property was rezoned in Ordinance #lo37 by the Common Council on November 14, 2000, and WHEREAS, The petitioner proposes to rezone an additional 370-feet of land in conjunction with 1 the Certified Survey Map proposed in Resolution #PC 174-2001 to accommodate a future fire department expansion, and WHEREAS, A Public Hearing for the rezoning has been scheduled before the Common Council on November 27,2001, and WHEREAS, The adjacent properties are zoned RSE to the east and south, 8-4 to the west, and STH 36 is located to the north, and THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning of 100-feet of land abutting the east property line of the existing Fire Department property located at SlOO W13444 Loomis Drive (part of Tax Key 2259.999) from RSE, Suburban Residence District, to RSEIOIP, Suburban Residence District as modified by the Institutional and Public Service Overlay. 0 Plan Commission City of Muskego Adopted. November 6, 2001 Defeated: Deferred: Introduced: November 6, 2001 ATTEST. Sandra S Asti, Recording Secretary I- STATE OF WISCONSIN) Milwaukee County ) ss. 1 Official Notice ,- COMMON COUNCIL. CITY OF MUSKEGO AN ORDINANCE TO AMEND THE ZONING ORDNANCE m88 MAP AND COMPREHENSIYE PLAN OF THE CITY OR msmm ITess Corners Volunteer Fire Department, (RSE to RSFIOIFI MUSKEGO. WISCONSIN. DO ORLIAlN AS FOL THE COMMON COlMClL OF~THE CITY OF mwq- ,. I_ hereby rezoned from RSE to RSWOIP: SECTION 1: The following described property is Part ofthe Northeast Y4af the Southwest l/4 of Section 25, T5N R20E. City ofMuskego, Waukeshs Co~nty. Wisconsin, bounded and described 85 fol. lows: Commencing at the Northwest corner, of the said Southwest I/% thence South 01'17' 34" East along the west line of said quarter senion, 1:264.85 Loomis Road (S.T.H. 361; thence North 63' 29 03' feet to a point on the souffi-iipht of way line of + E!st along said right of way lme 1.871.40 feet to the :$, pomt of bepring of the land herein described: ,..';p thence contiouing North 63' 29 03' East alodg said : a ~ riigt ofway he 95.90 feet. theme South 46' 43' 21" 5 , East 319.89 feet to B point (10 the centerline of 2 i Loamis Drive: thence South 43'1639 West along .= : said centerline 90.00 feet; thence North 46' 43 211' : West 353 03 feet to the point of beginning and coo. 3 '. taining 0.695 acres. 4 +; SECTION 2: The weral Sections or this ordl. i j portion thereof shall be declared by a decisjon of B I nanee arqdedsred to be severable. If any section or court ofcompetentjurisdietion to be invalid. ynlaw. ful. or unenforceable, such decision shall apply only - to the spffiIie seclion 01' portioo thereof directly speelfied in the decrsion, and not affect the validity ofell other provisions. sections. or portion thereofof efkt Any other ardicancee whose terms are in tbe ordinance which shill remain in full force a6d conflict with the prowsioos of this ordinance are .r. - S,uzanne Sobczyk being duly sworn, doth depose and say that she is an authorized representative of The MUSKEGO SUN, a newspaper published at MUSKEGO, Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on . , . . . . . . . ,.. .. .. , . . . . , . . , . . , . . , , . . , . , , . , . . , . . , Subscribed and sworn Of. ... o.cKpxLsa., Notary Public, Milwaukee My Commission expires. q._!3. ,:.4.1