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ORD20171412-Basse Will Rose COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1412 AN ORDINANCE TO GRANT A PLANNED DEVELOPMENT AMENDMENT TO THE APPROVED PD-42 ZONING DISTRICT FOR THE BASSE PLANNED DEVELOPMENT THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The Common Council adopted Ordinance #1144 on July 8, 2004, which approved of an amendment to the zoning map of the City of Muskego from RS-2, RSA, RSM to RS-2/OPD, RSA/OPD and RSM/OPD for the Basse/Lindeman Property, which allowed 96 units on the Basse property. SECTION 2: Upon adoption of the new zoning code in 2006, this Zoning District became known as PD-42 Basse Planned Development District. SECTION 3: An amendment to this Planned Development was further approved by Ordinance #1251 on April 10, 2007 allowing 84 units, broken down into two 2-unit buildings, two 4-unit buildings and three 24-unit buildings. SECTION 4: The Common Council does hereby grant a Planned Development amendment to the approved PD-42 district for the Basse Planned Development to allow: 1. One 50-unit structure (phase 1), one 40-unit structure (phase 2) and a clubhouse (phase 3) as part of the development, 2. Allow the main heights of the structures be 36 feet with accent features being as high as 38 feet as measured by code, 3. Allow the 50-unit building (phase 1) to have a setback of 30-feet from Janesville Road, 4. Continue the allowance of the southwest corner of the development (NW corner of Glen Cove Court and Janesville Road) be parceled off for commercial purposes under the auspices of the B-2 Local Service Center Zoning District. SECTION 5: 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 Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.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 6: This ordinance is in full force and effect from and after passage and publication subject to approval of a Developer’s Agreement approved by the Common Council and/or approval of a Building, Site & Operation Plan from the Plan Commission further outlining the Planned Development details. SECTION 7: The Section 9.48 Zoning Ordinance language that specifically outlines the parameters of the amended PD will be part of the Developer’s Agreement and/or Building, Site & Operation Plan resolution. TH PASSED AND APPROVED THIS 12 DAY OF DECEMBER, 2017 CITY OF MUSKEGO __________________________________ Kathy Chiaverotti, Mayor First Reading: 11/28/17 ATTEST: __________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: December 20, 2017