ORD20061236.
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Withdrawn at Common Council on 9/12/2006
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1236
AN ORDINANCE TO AMEND THE ZONING MAP AND
2010 COMPREHENSIVE PLAN
OF THE CITY OF MUSKEGO
(Towne Realty, Inc. - R-2 to RS-2/0PD)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from R-2 to RS-2/0PD:
PART OF THE SOUTHWEST 1/4 AND SOUTHEAST 1/4 OF SECTION 13, TOWN 5 NORTH, RANGE
20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, WHICH IS BOUNDED
AND DESCRIBED AS FOLLOWS:
COMMENCING A T THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 13; THENCE
SOUTH 8r42'36" WEST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 A DISTANCE OF
175.00 FEET TO THE POINT OF BEGINNING OF THE LANDS TO BE DESCRIBED; THENCE
CONTINUING SOUTH 8r42'36" WEST 1449.23 FEET TO A POINT; THENCE NORTH 02017'24" WEST
926.60 FEET TO A POINT ON THE SOUTH LINE OF BIG MUSKEGO ESTATES; THENCE NORTH
88007'00" EAST ALONG THE SOUTH LINE OF BIG MUSKEGO ESTATES 1645.29 FEET TO A POINT,
SAID POINT BEING THE SOUTHEAST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NO. 9409;
THENCE NORTH 36003'13" EAST ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP
405.45 FEET TO A POINT ON THE SOUTH LINE OF DURHAM ROAD; THENCE SOUTH 38045'12"
EAST ALONG SAID SOUTH LINE 677.91 FEET TO A POINT; THENCE SOUTH 38026'38" EAST
ALONG SAID SOUTH LINE 810.35 FEET TO A POINT; THENCE SOUTH 8r32'27" WEST 515.92
FEET TO A POINT ON THE EAST LINE OF CERTIFIED SURVEY MAP NO. 1222; THENCE NORTH
00058'26" WEST ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP 300.00 FEET TO A
POINT ON THE NORTH LINE OF SAID CERTIFIED SURVEY MAP; THENCE SOUTH 8r32'27" WEST
ALONG SAID NORTH LINE 400.00 FEET TO A POINT ON THE WEST LINE OF SAID CERTIFIED
SURVEY MAP; THENCE SOUTH 00058'26" EAST ALONG SAID WEST LINE 45.35 FEET TO A POINT,
SAID POINT BEING THE NORTHEAST CORNER OF CERTIFIED SURVEY MAP NO. 708; THENCE
SOUTH 8r32'27" WEST ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY MAP 236.91 FEET
TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF CERTIFIED SURVEY MAP NO.
105; THENCE SOUTH 8r42'36" WEST ALONG THE NORTH LINE OF SAID CERTIFIED SURVEY
MAP 175.00 FEET TO A POINT ON THE WEST LINE OF SAID CERTIFIED SURVEY MAP; THENCE
SOUTH 00058'26" EAST ALONG SAID WEST LINE 284.66 FEET TO THE POINT OF BEGINNING.
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 approval of the Final Plat, Letter of Credit and Subdivider's
Agreement for the proposed development.
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Ordinance #1236
SECTION 4: The Common Council does hereby amend the 2010 Comprehensive Plan
to reflect a change from low density residential uses to medium density residential uses.
PASSED AND APPROVED THIS DAY OF .2006
CITY OF MUSKEGO
Charles H. Damaske, Mayor
First Reading: 08/22/06
Withdrawn: 09/12/2006
ATTEST:
Published this day of September. 2006
Clerk- Treasurer
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Planning Department
Meß10
To: Council
Jeff Muenkel, AICß-4-
September 6,
20áß.-J
Rezoning Ordinance for the May Property
(Tax Key Nos. 2211.998 & 2211.997 / Priegel and Durham Drives)
From:
Date:
Re:
The Planning Commission recommended denial of the rezoning of the May property from the R-2
Country Home District (Minimum 60,000 sq. ft. and a minimum width of 175 feet) to the RS-2/0PD
Suburban Residence district with a Planned Development Overlay District (Requiring parcels of a min.
18,000 square feet and a min. 100 feet in width). The Planning Commission felt that although the
developer met the Comprehensive Plan for Low Density Residential Uses for units per acre (The
concept showed 1.03 units an acre), the actual parcel sizes did not meet the intentions of the Low
Density Residential category. Plan Commission believed that lot sizes of 40,000 square feet or larger,
consistent with the RSE zoning district is more in line with the Comprehensive Plan and the general
area. Also, a valid underlying reason for having the Planned Development zoning was not found at this
point.
Council may wish to deny the rezoning altogether (Please state your reasoning) or work with the
developer to come to a zoning district that meets their intentions.
Thank You.