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ORD20041167- AMENDED COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1167 AN ORDINANCE TO AMEND THE ZONING MAP AND 2010 COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO (Moorland Road Corridor) THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOllOWS: SECTION 1: The legal descriptions in sections 2-10 are for individual re-zoning boundaries (As per attached map) contained in the below-described land: - All that part of the Northwest 1/4, and Southwest 1/4 of Section 2, and the Northeast 1/4, and Southeast 1/4 of Section 3 all in Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest corner of the Northeast 1/4 of said Section 3, said point also being the point of beginning; thence Northerly along the West line of said Northeast 1/4 a distance of 2,395.94 feet to the Northwest corner of said Northeast1/4 Section; thence Easterly along the North line of said Northeast 1/4, a distance of 2,652.62 feet to the Northwest corner of the Northwest 1/4 of said Section 2; thence Easterly along the North line of said Northwest 1/4 a distance of 754.43 feet to the extended Westerly line of Glenbrook Subdivision; thence Southerly along said Westerly line 2,356.99 feet to the South line of said Northwest 1/4; thence Westerly along said South line 750 feet more or less to the Southwest corner of said Northwest 1/4 section; thence Southerly along the East line of the Southeast 1/4 of said Section 3, said line also being the Westerly line of Parcel 3, Certified Survey Map No. 9335, distance of 505.31 feet; thence Southeasterly along the Westerly line of said Parcel 3, a distance of 229.93 feet, to a Northwesterly line of said Parcel 3; thence Southwesterly along said Northwesterly line 314 feet more or less to the centerline of Moorland Road (C.T.H."O"); thence Southeasterly along said centerline 878 feet more or less to the centerline of Janesville Road (C.T.H. ilL"); thence Southwesterly along said centerline 1,585 feet more or less to the old centerline of Martin Drive, before relocation per project no. 1392173.201 (June, 2003); thence Northwesterly along said centerline 1505 feet more or less to the West line of the Southeast 1/4 of said Section 3; thence Northerly along said West line 2,029.76 feet to the point of beginning. Containing 13,742,006 sq. ft. (315.47 acres) more or less. SECTION 2: The following described property is hereby rezoned from RSE and B-3 to BP-1: Commencing at the intersection of Moorland Road centerline and the extended Northwesterly line of Parcel 3 Certified Survey Map No. 9335, said point also being the point of beginning; thence Southeasterly along said centerline 878 feet more or less to the center line of Janesville Road; thence Southwesterly along said centerline 1,585 feet more or less to the old centerline of Martin Drive, before relocation per project no. 1392173.201 (June, 2003); thence Northwesterly along said centerline 483 feet more or less to the extended East line of a property identified by tax-key no. 2169-987; thence Northerly along said East line 457 feet more or less to an offset line, said offset line being 50.00 feet Northwesterly and running parallel to a drainage creek; thence Northeasterly along said offset line 938 feet; thence Southeasterly 52 feet more or less to the intersection of a drainage creek centerline and said extended Northwesterly line of Parcel 3, Certified Survey Map No. 9335; thence Northeasterly along said Northwesterly line 840 feet more or less to the point of beginning. - Commencing at the Northwest corner of the Northeast 1/4 of Section 3; thence Easterly along the North line of said Northeast 1/4 a distance of 741 feet more or less to the extended Easterly line of a property identified as tax-key no. 2169-992, said point also being the point of beginning; thence Continuing Easterly along said North line 1,443 feet more or less, to the extended Easterly line of a property identified by tax-key no. 2166- 996; thence Southerly along said Easterly line 660 feet more or less; thence Westerly parallel to the North line of said Northeast 1/4 a distance of 1,436 feet more or less to the Easterly line of said property identified as Ordinance # 1167 - tax-key no. 2169-992; thence Northerly along said Easterly line a distance of 660 feet more or less to the point of beginning. SECTION 3: The following described property is hereby rezoned from RSE to BP-2: Commencing at the intersection of Moorland Road centerline and the extended Northwesterly line of Parcel 3 Certified Survey Map No. 9335, said point also being the point of beginning; thence Southwesterly along said Northwesterly line 840 feet, to the centerline of a drainage creek; thence Northwesterly 52 feet, to an offset line, said offset line being 50.00 feet Westerly and parallel to said drainage creek; thence Northerly along said offset line 546.20 feet; thence East 260.00 feet; thence North 561 feet more or less to the Southwesterly right-of-way line of Moorland Road; thence Northeasterly 136 feet more or less to the intersection of Moorland Road centerline and the North line of the Southeast 1/4 of Section 3; thence Easterly along said North line 604 feet more or less to the Northeast corner of said Southeast 1/4; thence Southerly along the East line of the Southeast 1/4 of said Section 3, said line also being the Westerly line of Parcel 3, Certified Survey Map No. 9335, distance of 505.31 feet; thence Southeasterly along the Westerly line of said Parcel 3, a distance of 229.93 feet, to a Northwesterly line of said Parcel 3; thence Southwesterly along said Northwesterly line 314 feet more or less to the point of beginning. SECTION 4: The following described property is hereby rezoned from RSE to BP-3: - Commencing at the Southwest corner of the Northeast 1/4 of Section 3; thence Northerly along the West line of said Northeast 1/4 a distance of 320.00 feet, to the point of beginning; thence continuing Northerly along said West line 1115.81 feet to a point being 300 feet South of the South line of a property identified as tax-key no. 2169-988; thence East 300.00 feet; thence North parallel to said West line 300.00 feet to a point on the South line of said property identified as tax-key no. 2169-988, said point being 300 feet Easterly from the West line of said Northeast 1/4 as measured along said South property line; thence Easterly parallel to the North line of said Northeast 1/4 a distance of 2,356 feet more or Jess to the East line of said Northeast 1/4; thence Southerly along said East line 1,713 feet to the Southeast corner of said Northeast 1/4; thence Westerly along the South line of said Northeast 1/4 a distance of 604 feet more or Jess, to the center line of Moorland Road; thence Southwesterly 136 feet more or less to the Southwesterly right-of-way line of said Moorland Road; thence South 561 feet; thence West 260.00 feet, to an offset line, said offset line being 50.00 feet Westerly and running parallel to a drainage creek; thence Southerly along said offset line 546.20 feet; thence Southwesterly along said offset line 938 feet, to the East line a property identified as tax-key no. 2169- 987; thence Northerly along said East line 1794 feet more or less to the South line of the said Northeast 1/4; thence Westerly along said South line 253 feet to the West line of a property identified by tax-key no. 2169- 993; thence Northerly along said West line 297 feet; thence West 744 feet more or less to the point of beginning. SECTION 5: The following described property is hereby rezoned from RSE to BP-3/0IP: Commencing at the Northwest corner of the Northeast 1/4 of Section 3; thence Southerly along the West line of said Northeast 1/4 a distance of 660 feet more or less, to the South line of a property identified as tax-key no. 2169-988, said point also being the point of beginning; thence Easterly along said South line 300.00 feet; thence Southerly parallel to the West line of said Northeast 1/4 a distance of 300.00 feet; thence West 300.00 feet to said West line; thence Northerly along said West line 300.00 feet to the point of beginning. SECTION 6: The following described property is hereby rezoned from RS-1 to C-2: Commencing at the Southwest corner of the Northwest 1/4 of Section 2, said point also being the point of beginning; thence Northerly along the West line of said Northwest 1/4 a distance of 550.20 feet; thence Easterly parallel to the South line of said Northwest 1/4 a distance of 750 feet more or less to the West line of Glenbrook Subdivision; thence Southerly along said West line 550 feet more or less to the South line of said Northwest 1/4; thence Westerly along said South line 750 feet, to the point of beginning - SECTION 7: The following described property is hereby rezoned from RSE to RS-2: Commencing at the Southwest corner of the Northeast 1/4 of said Section 3, said point also being the point of beginning; thence Northerly along the West line of said Northeast 1/4 a distance of 320.00 feet; thence East 744 feet more or less, to the West line of a property identified by tax-key no. 2169-993; thence Southerly - - - Ordinance #1167 along said West line 297 feet more or less, to the South line of said Northeast 1/4; thence Easterly along said South line 253 feet more or less, to the East line of a property identified by tax-key no. 2169-987; thence Southerly along said East line 350 feet; thence West 400 feet; thence Southerly parallel to said East line 1162 feet; thence West 101 feet; thence Southerly parallel to said West line 643 feet more or less to the centerline of Martin Drive; thence Northwesterly along said centerline 509 feet more or less, to the West line of said Southeast 1/4; thence Northerly along said West line 2,029 feet more or less to the point of beginning. SECTION 8: The following described property is hereby rezoned from RS 1 and RSE to RSA: Commencing at the Northwest corner of the Southeast 1/4 of Section 3; thence Easterly along the North line of said Southeast 1/4 a distance of 998 feet more or less, to the East line of a property identified by tax-key no. 2169-987; thence Southerly along said East line 350 feet, to the point of beginning; thence continuing Southerly along said East line 1162 feet; thence West 400 feet; thence Northerly parallel to said East line 1162 feet; thence East 400 feet, to the point of beginning. SECTION 9: The following described property is hereby rezoned from RSE to RSA/OIP: Commencing at the intersection of Martin Drive and the West line of the Southeast 1/4 of Section 3; thence Southwesterly along the centerline of Martin Drive 509.78 feet to the point of beginning; thence Northerly parallel to the West Line of said Southeast 1/4 a distance of 643.56 feet; thence East 501 feet more or less to East line a property identified as tax-key no. 2169-987; thence Southerly along said property line 739 feet more or less to the old centerline of Martin Drive before relocation per project no. 1392173.201 (June, 2003); thence Northwesterly along said centerline 512.14 feet to the point of beginning. SECTION 10: The following described property is hereby rezoned from RSE to RS-1: Commencing at the Northeast corner of the Northeast 1/4 of Section 3; thence Westerly along the North line of said Northeast 1/4 a distance of 208.70 feet to the Easterly extended boundary line of a property identified by tax-key no. 2169-997, said point also being the point of beginning; thence Southerly along said Easterly line 33 feet more or less to the North line of said property; thence Westerly along said North line 33 feet more or less; thence Southwesterly along the arc of a curve, center lying to the Southeast, a distance of 119.47 feet to the West line of said property; thence 100 feet to the South line of said property; thence Easterly along said South line, and also along the South line of a property identified by tax-key no. 2169-998, a distance of 317.40, to the East line of said Northeast 1/4; thence Southerly along said East line 451 feet more or less; thence Westerly parallel to the North line of said Northeast 1/4 a distance 472 feet more or less to the Easterly extended property line of a property identified by tax-key no. 2169-996; thence Northerly along said Easterly line 660 feet more or less to the North line of said Northeast 1/4; thence Easterly along said North line 259 feet more or less to the point of beginning. SECTION 11: 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 12: The Common Council does hereby amend the 2010 Comprehensive Plan to reflect a change from low density residential (consistent with RSE, R-1 and R-3 zoning districts) and commercial uses (consistent with the B-3 and B-4 zoning districts) to medium density residential (consistent with RS-2, RS-3 and RSA zoning districts) and business park uses (consistent with the BP zoning districts). PASSED AND APPROVED THIS 2ih ,2004. DAY OF APRIL Ordinance #1167 -- CITY OF MUSKEGO ~I(~t(~ ark A. Slocomb, Mayor First Reading: 3/23/04 Deferred: 4/13/04 ATTEST: Published this 6th day of May, 2004 3/04jmb - "... Ord. #1167 Attachment RSEI ,... BR-1 RSE RS-1 I , I I RS---1 RSA RSA/OIR Martin'! . un'Ve ,-... . :. . Moratorium Boundary D Parcels D Moorland Rezoning ,. .. City Boundary """" Right-of-Way 0 Existing Zoning N W~E 0 100200 400 600 800 ~ Foe' s Created on: April 13. 2004 Created by: Muskego Planning Depl. r" COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1167 AN ORDINANCE TO AMEND THE ZONING MAP AND 2010 COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO (Moorland Road Corridor) THE COMMON COUNCIL OF THE CITY OF MUS GO, ~~ONSIN. DO ORDAIN AS FOLLOWS: \ (j SECTION 1: The following described property i ereb,9 rezoned from RSE and B-3 to ,. BP-1: "" ~ Commencing at the intersection of Moorland Road ce rlinef~pd the extended Northwesterly line of Parcel 3 Certified Survey Map No. 9335, said point also being e P!' tıf beginning; thence Southeasterly along said centerline 878 feet more or less to the center line of ane:t, 'I 'Road; thence Southwesterly along said centerline 1,585 feet more or less to the old center e of I')i1i in Drive, before relocation per project no. 1392173.201 (June, 2003); thence Northwesterly 10n!Sàiðo-centerline 483 feet more or less to the extended East line of a property identified by tax-key no. 69-9 7;.~hence Northerly along said East line 457 feet more or less to an offset line, said offset line being 5 .00 fee "bIf,rthwesterly and running parallel to a drainage creek; thence Northeasterly along said offset e 938 feet; thence Southeasterly 52 feet more or less to the intersection of a drainage creek centerline d said extended Northwesterly line of Parcel 3, Certified Survey Map No. 9335; thence Northeasterly along aid. rt esterly line 840 feet more or less to the point of beginning. Commencing at the Northwest corner th o. east 1/4 of Section 3; thence Easterly along the North line of said Northeast 1/4 a distance of 7 fee m or less to the extended Easterly line of a property identified as tax-key no. 2169-992, said point so bel e point of beginning; thence Continuing Easterly along said North line 1,443 feet more or less, 0 the ext ded Easterly line of a property identified by tax-key no. 2166- 996; thence Southerly along said asterly lin 660 feet more or less; thence Westerly parallel to the North line of said Northeast 1/4 a distanc f 1,436 feet more or less to the Easterly line of said property identified as tax-key no. 2169-992; thence ortherly along said Easterly line a distance of 660 feet more or less to the point of beginning. r-.. SECTION 2: The foil wing described property is hereby rezoned from RSE to BP-2: Commencing at the int section of Moorland Road centerline and the extended Northwesterly line of Parcel 3 Certified Survey Map o. 9335, said point also being the point of beginning; thence Southwesterly along said Northwesterly line 8 feet, to the centerline of a drainage creek; thence Northwesterly 52 feet, to an offset line, said offset lin eing 50.00 feet Westerly and parallel to said drainage creek; thence Northerly along said offset line 546.20 et; thence East 260.00 feet; thence North 561 feet more or less to the Southwesterly right-of-way line 0 Moorland Road; thence Northeasterly 136 feet more or less to the intersection of Moorland Road centerline and the North line of the Southeast 1/4 of Section 3; thence Easterly along said North line 604 feet more or less to the Northeast corner of said Southeast 1/4; thence Southerly along the East line of the Southeast 1/4 of said Section 3, said line also being the Westerly line of Parcel 3, Certified Survey Map No. 9335, distance of 505.31 feet; thence Southeasterly along the Westerly line of said Parcel 3, a distance of 229.93 feet, to a Northwesterly line of said Parcel 3; thence Southwesterly along said Northwesterly line 314 feet more or less to the point of beginning. " SECTION 3: The following described property is hereby rezoned from RSE to BP-3: Commencing at the Southwest corner of the Northeast 1/4 of Section 3; thence Northerly along the West line of said Northeast 1/4 a distance of 320.00 feet, to the point of beginning; thence continuing Northerly along said West line 1115.81 feet to a point being 300 feet South of the South line of a property identified as tax-key no. 2169-988; thence East 300.00 feet; thence North parallel to said West line 300.00 feet to a point on the South line of said property identified as tax-key no. 2169-988, said point being 300 feet Easterly from the ,..... r" r--.. Ordinance # 1167 West line of said Northeast 1/4 as measured along said South property line; thence Easterly parallel to the North line of said Northeast 1/4 a distance of 2,356 feet more or less to the East line of said Northeast 1/4; thence Southerly along said East line 1,713 feet to the Southeast corner of said Northeast 1/4; thence Westerly along the South line of said Northeast 1/4 a distance of 604 feet more or less, to the center line of Moorland Road; thence Southwesterly 136 feet more or less to the Southwesterly right-of-way line of said Moorland Road; thence South 561 feet; thence West 260.00 feet, to an offset line, said offset line being 50.00 feet Westerly and running parallel to a drainage creek; thence Southerly along said offset line 546.20 feet; thence Southwesterly along said offset line 938 feet, to the East line a property identified as tax-key no. 2169- 987; thence Northerly along said East line 282.92 feet; thence West 401.49 feet; thence Northerly parallel to the West line of the Southeast 1/4 a distance of 1,802.60 feet; thence West 599 feet more or less to the point of beginning. SECTION 4: The following described property is hereby rezoned from RSE to BP-3/0IP: Commencing at the Northwest corner of the Northeast 1/4 of Section 3; thence Southerly along the West line of said Northeast 1/4 a distance of 660 feet more or less, to the South line of a property identified as tax-key no. 2169-988, said point also being the point of beginning; thence Easterly along said South line 300.00 feet; thence Southerly parallel to the West line of said Northeast 1/4 a distance of 300.00 feet; thence West 300.00 feet to said West line; thence Northerly along said West line 300.00 feet to the point of beginning. SECTION 5: The following described property is hereby rezoned from RS-1 to C-2: Commencing at the Southwest corner of the Northwest 1/4 of Section 2, said point also being the point of beginning; thence Northerly along the West line of said Northwest 1/4 a distance of 550.20 feet; thence Easterly parallel to the South line of said Northwest 1/4 a distance of 750 feet more or less to the West line of Glenbrook Subdivision; thence Southerly along said West line 550 feet more or less to the South line of said Northwest 1/4; thence Westerly along said South line 750 feet, to the point of beginning SECTION 6: The following described property is hereby rezoned from RSE to RS-2: Commencing at the Southwest corner of the Northeast 1/4 of said Section 3, said point also being the point of beginning; thence Northerly along the West line of said Northeast 1/4 a distance of 320.00 feet; thence East 500.00 feet; thence Southerly parallel to the West line of the Southeast 1/4 of said Section 3 a distance of 302 feet more or less to the South line of said Northeast 1/4; thence Westerly along said South line 249.89 feet; thence Southerly Parallel to the West line of said Southeast 1/4 a distance of 196.76 feet; thence Westerly parallel to the North line of said Southeast 1/4 a distance of 190.00 feet; thence Southerly parallel to the West line of said Southeast 1/4 a distance of 1,400.00 feet; thence East 340.01 feet; thence Southerly parallel to said West line 643 feet more or less to the centerline of Martin Drive; thence Northwesterly along said centerline 509 feet more or less, to the West line of said Southeast 1/4; thence Northerly along said West line 2,029 feet more or less to the point of beginning. SECTION 7: The following described property is hereby rezoned from RS-1 and RSE to RSA: Commencing at the Northwest corner of the Southeast 1/4 of Section 3; thence Easterly along the North line of said Southeast 1/4 a distance of 350.27 feet, to the point of beginning; thence continuing Easterly along said North line 249.89 feet; thence Southerly parallel to the West line of said Southeast 1/4 a distance of 1,500.48 feet; thence West 100.00 feet; thence Southerly parallel to said West line 109.40 feet; thence West 340.01 feet; thence Northerly parallel to said West line 1,400.00 feet; thence Easterly parallel to the North line of said Southeast 1/4 a distance of 190.00 feet; thence Northerly parallel to said West line 196 feet more or less to the point of beginning. Commencing at the Northeast corner of the Northeast 1/4 of Section 3; thence Westerly along the North line of said Northeast 1/4 a distance of 208.70 feet to the Easterly extended boundary line of a property identified by tax-key no. 2169-997, said point also being the point of beginning; thence Southerly along said Easterly line 33 feet more or less to the North line of said property; thence Westerly along said North line 33 feet more or less; thence Southwesterly along the arc of a curve, center lying to the Southeast, a distance of 119.47 feet to the West line of said property; thence 100 feet to the South line of said property; thence Easterly along said South line, and also along the South line of a property identified by tax-key no. 2169-998, a distance of Ordinance #1167 I""" 317.40, to the East line of said Northeast 1/4; thence Southerly along said East line 55 feet more or less to the South line of a property identified by tax-key no. 2166-999; thence Easterly along said South line, and also along the South line of a property identified by tax-key no. 2166-998 a distance of 370.00 feet to the East line of said property identified by tax-key no. 2166-998; thence Southerly along the extended Easterly line of said property 80.00 feet; thence East 120.00 feet; thence Southerly parallel to the West line of Glenbrook Subdivision 1,466.13 feet; thence Westerly parallel to the South line of the Northwest 1/4 of Section 2 a distance of 490 feet more or less to the East line of the Northeast 1/4 of said Section 3; thence Northerly along said East line 1,163.51 feet; thence Westerly parallel to the North line of said Northeast 1/4 a distance 472 feet more or less to the Easterly extended property line of a property identified by tax-key no. 2169-996; thence Northerly along said Easterly line 660 feet more or less to the North line of said Northeast 1/4; thence Easterly along said North line 259 feet more or less to the point of beginning. SECTION 8: The following described property is hereby rezoned from RSE to RSAlOIP: Commencing at the intersection of Martin Drive and the West line of the Southeast 1/4 of Section 3; thence Southwesterly along the centerline of Martin Drive 509.78 feet to the point of beginning; thence Northerly parallel to the West Line of said Southeast 1/4 a distance of 643.56 feet; thence East 501 feet more or less to East line a property identified as tax-key no. 2169-987; thence Southerly along said property line 739 feet more or less to the old centerline of Martin Drive before relocation per project no. 1392173.201 (June, 2003); thence Northwesterly along said centerline 512.14 feet to the point of beginning. SECTION 9: 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 10: The Common Council does hereby amend the 2010 Comprehensive Plan to reflect a change from low density residential (consistent with RSE, R-1 and R-3 zoning districts) and commercial uses (consistent with the B-3 and B-4 zoning districts) to medium density residential (consistent with RS-2, RS-3 and RSA zoning districts) and business park uses (consistent with the BP zoning districts). PASSED AND APPROVED THIS DAY OF ,2004. CITY OF MUSKEGO Mark A. Slocomb, Mayor First Reading: 3/23/04 Deferred: 4/13/04 ATTEST: r-- Published this day of April, 2004 Clerk- T reasu rer 3/04jmb -... Moorland Moratorium Rezoning ,... ~ . :. . Moratorium Boundary D Parcels ~ Parcels within 300' D Moorland Rezoning D existing Zoning ,. .. City Boundary """" Right-of-Way N W+Ð 100~00 400 600 BOO s Foot Created on: March 18. 2004 Creatad by: Muskego Planning Depl.