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ORD20161408-Rezone-Cornerstone Dev PD COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1408 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Cornerstone Development – RS-3 to PD) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from RS-3 – Suburban Residence District to PD – Planned Development District: Part of Tax Key Number 2218.990.008 And further described as follows: Being part of the Northeast 1/4 and Southeast 1/4 of the Northwest 1/4, Section 15, Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, more particularly described as follows: Commencing at the northwest corner of the Northwest 1/4 of said Section 15; thence North 88°15'34" East along the north line of said Northwest 1/4, 2665.05 feet to the northeast corner of said Northwest 1 /4; thence South 57°09'22" West along the centerline of Woods Road, 480.37 feet to the Point of Beginning; Thence South 00°02'50" West and then then along the west line of Certified Survey Map No. 7763, 717.86 feet; thence South 00°09'11" East, 57.56 feet; thence South 89°01'21" West, 90.00 feet; thence South 00°09'11" East, 97.33 feet; thence South 89°01'21" West and then along the north right of way line of Pellmann Lane, 242.08 feet to the east line of Certified Survey Map No. 5214; thence North 00°39'05" West along said east line and then continuing, 28.32 feet; thence South 88°31'55" West, 125.88 feet; thence South 01°27'51" East and then along the west line of said Certified Survey Map No. 5214, 136.00 feet; thence North 88°31 '55" East along the south line of said Certified Survey Map, 23.50 feet; thence South 01°27'49" East, 149.71 feet to the north right of way line of Kurtze Lane; thence South 88°32'23" West along said north right of way line, 391.20 feet to the east line of Outlet 1, Sarah Estates, a recorded subdivision; thence North 01°27'37" West along said east line, 464.77 feet to the south right of way line of said Woods Road; thence North 47°36'49" West, 50.00 feet to the centerline of said Woods Road; thence North 42°23'11" East along said centerline, 296.64 feet; thence North 57°09'22" East along said centerline, 188.84 feet; thence South 32°50'38" East, 200.00 feet; thence North 57°09'22" East, 240.00 feet to a point on the northeast line of said Certified Survey Map No. 4278; thence North 32°50'38" West along said northeast line and then continuing to the aforesaid centerline of Woods Road, 200.00 feet; thence North 57°09'22" East along said centerline, 365.60 feet to the Point of Beginning. SECTION 2: Chapter 17 of the City of Muskego Code entitled “Zoning”, Section 9 will have the text per Attachment A added and incorporated herein by reference, to allow the development proposed by Cornerstone Development as described in their submittal to the Common Council, subject to all applicable terms and conditions of this ordinance and subject to final revisions that may be made upon the City’s approval of the final development documents pursuant to Section 9.06 of the Muskego Zoning Code. Zoning code text will reference the development as “PD-__ Cornerstone Development” and any miscellaneous necessary fill in information will be added once the rezoning goes into effect per Section 4. 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 ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 4: This ordinance is in full force and effect from and after passage and publication of this ordinance and approval of a BSO, Condo Plat, and developer’s agreement for infrastructure improvements. th PASSED AND APPROVED THIS 11 DAY OF OCTOBER , 2016. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor First Reading: 8/23/2016 Second Reading and Deferral: 9/13/2016 ATTEST: ______________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: October 20, 2016 ATTACHMENT A 9.__ PD-__ Cornerstone Development 1. The Cornerstone Planned Development contains approximately 11.48 acres of land located along Woods Road just south of the Parkland Drive intersection. The development will generally contain the following:  Thirty-four (34) units that would include all ranch style structures consisting of eleven (11) two-family structures and three (3) four family structures.  A clubhouse and internal private roads that stem off of Woods Road and Kurtze Lane. The planned development district is approved in order to allow the below characteristics for the proposed mixed use development.  The development to have varying setbacks as per the Council rezoning original concept map approval.  The development to have a clubhouse subject to Plan Commission approval.  The development to generally follow the auspices of the RM-2 zoning district.  The development to be situated on a condo plat ona a single property. (2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS: Plan Commission Rezoning Approval: __/__/2016 per Resolution #___-2016 Common Council Rezoning Approval: __/__/2016 per Ordinance #___-2016 Common Council Developer’s Agreement Approval: __/__/2016 per Resolution #___- 2016 (3) BASIC REGULATIONS (A) (B) Res. (C) (D) (E) (F) Lot Size Density Building Location Building Size Open Height Space Min. Min. D/U Per Min. Side Rear Min. floor Min. floor Floor Min. Min. Ht Min. Ht Lot Avg. Acre Set Yards Yard area 1st area total Area open principal Accessory Area Lot Back floor Ratio space structure structure Width per res D/U Varies Varies 8.4 Varies Varies Varies - - Varies Varies 35 15 (4) PERMITTED USES BY RIGHT 1. All uses as per the original approved site plan as part of this Planned Development rezoning. 2. Any use as permitted in the RM-2 subject to zoning substantial change hearings if required. (5) PERMITTED ACCESSORY USES 1. All accessory uses as per the original approved site plan as part of this Planned Development rezoning. 2. Any accessory use as permitted in the RM-2 districts subject to zoning substantial change hearings if required. (6) PERMITTED USES BY CONDITIONAL GRANT 1. All conditional uses as per the original approved site plan as part of this Planned Development rezoning. 2. Any conditional use as permitted in the RM-2 districts subject to zoning substantial change hearings if required.