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ORD20201446-Basse COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1446 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: An additional amendment to this Planned Development was further approved by Ordinance #1412 on December 12, 2017 allowing 90 units, broken down into one 50-unit structure (phase 1), one 40-unit structure (phase 2) and a clubhouse (phase 3). This amendment also allowed the main heights of the structures be 36 feet with accent features being as high as 38 feet as measured by code, allowed the 50-unit building (phase 1) to have a setback of 30-feet from Janesville Road and continued 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 Planned Development received approvals for a nonsubstantial change by Resolution #018-2019 on February 26, 2019 to alter the unit count to 51 units in the first building and 39 units in the second building, maintaining the overall 90 units on the site as originally approved. SECTION 6: The Common Council does hereby grant a Planned Development amendment to the approved PD-42 district for the Basse Planned Development to allow: 1. Allow the 51-unit structure (phase 1) to remain, along with the clubhouse (phase 3), as was previously approved, 2. Allow the 39-unit structure (phase 2) to be increased to a 45-unit structure, totaling 96 units within the overall development, 3. Allow the 45-unit building (phase 2) to have a setback of 30-feet from Janesville Road, Ordinance #1446 4. Continue the allowance of the main heights of the structures be 36 feet with accent features being as high as 38 feet as measured by code, 5. 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 7: 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 8: This ordinance is in full force and effect from and after passage and publication. SECTION 9: Section 400-126 of the Zoning Ordinance language that specifically outlines the parameters of the amended PD will be part of a future resolution. TH PASSED AND APPROVED THIS 9 DAY OF JUNE, 2020 CITY OF MUSKEGO __________________________________ Rick Petfalski, Mayor First Reading: 5/26/20 ATTEST: __________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: June 17, 2020