ORD20031146.
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1146
AN ORDINANCE DECLARING A MORATORIUM ON LAND DIVISIONS,
REZONING PETITIONS, AND THE APPROVAL OF
BUILDING SITE AND OPERATION (BSO) PLANS
(MOORLAND ROAD CORRIDOR NORTH OF JANESVILLE ROAD)
(TAX KEY NOS. 2166.997, 2169.990, 2169.996, 2166.999, 2169.992,
2169.998,2169.986,2169.993,2169.999, 2169.987, 2169.994, 2172.998,
2169.988,2169.995,2172.998.002,2169.989, 2169.995.001, 2172.999,
2169.991,2169.997 and 2166.998)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
WHEREAS, The City of Muskego Common Council adopted a 2010 Comprehensive
Plan on March 13, 2001; and
WHEREAS, On June 22, 2000 as a part of the deliberations in preparing said Plan, the
2010 Comprehensive Plan Committee advised that the identification of the need for a
Business Park, as well as continuing discussion on any Business Park location, should
be deferred and should be based upon the upcoming Economic Development Strategic
Plan, and consideration should be made at that time whether or not to amend the 2010
Plan, and
WHEREAS, On August 27, 2002 , the Common Council Approved Resolution #174-
2002, Resolution To Approve Financing And Execution Of Agreement Between The
City Of Muskego And Vandewalle & Associates For An Economic Development
Strateqic Plan; and
WHEREAS, On June 26, 2002 the Mayors Task Force on Economic Development
received the first DRAFT of the Economic Development Strateqic Plan; and
WHEREAS, The findings and conclusions of the Economic Development Strateqic Plan
are anticipated to require amendments to the 2010 Comprehensive Plan and the
Zoning Code of the City of Muskego; and
WHEREAS, The Common Council finds that time is necessary to consider and adopt
any such changes.
NOW, THEREFORE, be it ordained by the Common Council of the City of Muskego,
Waukesha County, Wisconsin, as follows:
SECTION 1: In order to insure sufficient time for the Plan Commission and Common
Council to study the draft Economic Development Strateqic Plan and any necessary
amendments to the 2010 Comprehensive Plan and the Zoning Code of the City of
Muskego, a six (6) month moratorium is hereby established on aU new Land Divisions,
Rezoning Petitions, and Building Site and Operation Plan approvals to apply to
properties which are currently zoned RS-1 Suburban Residence District and RSE
Suburban Estate District (Moorland Road Corridor I Tax Key Nos. 2166.997, 2169.990,
2169.996, 2166.999, 2169.992, 2169.998, 2169.986, 2169.993, 2169.999, 2169.987,
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Ordinance #1146 Page 2
2169.994, 2172.998, 2169.988, 2169.995, 2172.998.002, 2169.989, 2169.995.001,
2172.999,2169.991,2169.997 and 2166.998.
SECTION 2: That any land division procedure, rezoning procedure, or Building Site
and Operation Plan procedure which has been filed prior to the passage and
publication of this ordinance shall be exempt from the moratorium.
SECTION 3: That any person who believes they should not be affected by this
moratorium may petition the Common Council for a waiver from the ~ffects of the
moratorium based upon the following criteria:
The petitioner claims to have vested rights which cannot be affected by
revisions to the comprehensive plan or any subsequent rezoning; and/or
The petitioner claims other legal basis for which they should be deemed
exempt from the moratorium.
In addition to the remedies provided herein, the Common Council may hear requests
for waivers for any land division procedure, rezoning procedure, or Building Site and
Operation Plan procedure where the petition may appear to be consistent with the goals
and objectives of the DRAFT Economic Development StrateQic Plan.
1.
2.
SECTION 4: SEVERABILITY: 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 Ordinance whose terms
are in conflict with the provisions of this Ordinance is hereby repealed as to those terms
that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 22ND DAY OF JULY ,2003.
ATTEST:
~f: /r7~ CI -Treasurer
C~SKEGO
~
-MaikA SlowII't:.., M",yul
Rid: í>eff..lsK,'
.
IIMIN6-fr1/Jf'.~
First reading: 7/8/2003
Reconsidered, Amended & Adopted
7/24/2003
Published this 31st day of July, 2003
712003 jm
Cff/
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COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1146
AN ORDINANCE DECLARING A MORATORIUM ON LAND DIVISIONS,
REZONING PETITIONS, AND THE APPROVAL OF
BUILDING SITE AND OPERATIONlBSO) PLANS
(MOORLAND ROAD CORRIDOR NORTH ØF JANESVILLE ROAD)
(TAX KEY NOS. 2166.997, 2169.990, 2161:996, 2166.999, 2169.992,
2169.998,2169.986,2169.993, 2169.999, i169.Q87,~169.994, 2172.998,
2169.988,2169.995,2172.998.002,2169'989, 2t'69.995.001, 2172.999,
2169.991, 2169.997 a~d 2166.~'gá).
I .J
. ',!l '
THE COMMON COUNCIL OF THE CITY OF 'USKeG~i'WISCONSIN DO ORDAIN
AS FOLLOWS: ~~ \:;,1
jiJ' ,
WHEREAS, The City of Muskego Com on Cou,~\3i~ adopted a 2010 Comprehensive
Plan on March 13, 2001; and ~"
WHEREAS, On June 22, 2000 as a p rt of the:~berations in preparing said Plan, the
2010 Comprehensive Plan commi.tt ~ adviseêJ'fiiat the identification of the need for a
Business Park, as well as continuin. diSc~sl~on any Business Park location, should
be deferred and should be based pon th ~çoming Economic Development Strategic
Plan, and consideration should be/made a ~t time whether or not to amend the 2010
Plan, and I
WHEREAS, On August 27~.602 , t~~ &ommon Council Approved Resolution #174-
2002, Resolution To Appro e Fina'ncif.1~,J'And Execution Of Agreement Between The
City Of Muskego And V ndE'\,arl~Jl Associates For An Economic Development
Strateqic Plan; and / '1,K..,
WHEREAS, On June /26,
200;'~)
Mayors Task Force on Economic Development
received the first DiT of the ~omic Development Strateaic Plan; and
WHEREAS, The finéHngs and conclusions of the Economic Development Strateaic Plan
are anticipated td require amendments to the 2010 Comprehensive Plan and the
Zoning Code of t~e City of Muskego; and
WHEREAS, The Common Council finds that time is necessary to consider and adopt
any such changes.
NOW, THEREFORE, be it ordained by the Common Council of the City of Muskego,
Waukesha County, Wisconsin, as follows:
SECTION 1: In order to insure sufficient time for the Plan Commission and Common
Council to study the draft Economic Development Strateqic Plan and any necessary
amendments to the 2010 Comprehensive Plan and the Zoning Code of the City of
.
.
.
Ordinance #1146 Page 2
Muskego, a six (6) month moratorium if hereby established on all new Land Divisions,
Rezoning Petitions, and Building Site and Operation Plan approvals to apply to
properties which are currently zoned RS-1 Suburban Residence District and RSE
Suburban Estate District (Moorland Road Corridor / Tax Key Nos. 2166.997, 2169.990,
2169.996, 2166.999, 2169.992, 2169.998. 2169.986. 2169.993, 2169.999, 2169.987,
2169.994, 2172.998. 2169.988. 2169.995, 2172.998.002, 2169.989, 2169.995.001,
2172.999.
SECTION 2: That any land division procedure, rezoning procedure, or Building Site
and Operation Plan procedure which has been filed prior to the passage and
publication of this ordinance shall be exempt from the moratorium.
SECTION 3: That any person who believes they should not be affected by this
moratorium may petition the Common Council for a waiver from the effects of the
moratorium based upon the following criteria:
1. The petitioner claims to have vested rights which cannot be affected by
revisions to the comprehensive plan or any subsequent rezoning; and/or
The petitioner claims other legal basis for which they should be deemed
exempt from the moratorium.
2.
In addition to the remedies provided herein, the Common Council may hear requests
for waivers for any land division procedure, rezoning procedure, or Building Site and
Operation Plan procedure where the petition may appear to be consistent with the goals
and objectives of the DRAFT Economic Development StrateQic Plan.
SECTION 4: SEVERABILITY: 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 Ordinance whose terms
are in conflict with the provisions of this Ordinance are hereby repealed as to those
terms that conflict.
SECTION 5: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF ,2003.
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Ordinance #1146
CITY OF MUSKEGO
Page 3
Mark Slocomb, Mayor
ATTEST: First reading: 7/8/03-
Clerk-Treasurer
Published this day of July, 2003
7/2003 jm