PCR2008065
./PCR2008065_files/filelist.xml RESOLUTION #P.C. 065-2008
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RESOLUTION #P.C. 065-2008
RECOMMENDATION TO COMMON COUNCIL FOR A MORATORIUM
ON LAND DIVISIONS, 2010 MAP AMENDMENTS, AND REZONING PETITIONS FOR CERTAIN PROPERTIES PRIMARILY CONSISTING OF RURAL, AGRICULTURAL, AND CONSERVATION PROPERTIES IN THE CITY OF MUSKEGO
WHEREAS, The City of Muskego Common Council adopted a 2010 Comprehensive Plan on March 13, 2001; and
WHEREAS, On the 12th day of February 2008 by Resolution #043-2008, the City of Muskego Common Council formed the 2020 Comprehensive Plan Committee for the purpose of assisting staff
and the City in the implementation of the content, goals, and recommendations of a new Comprehensive Plan thru the planning period of 2020; and
WHEREAS, As part of the deliberations in preparing said Plan, the 2020 Comprehensive Plan Committee advised that, in all likelihood, it would approve a 2020 Comprehensive Plan which
would substantially change the plan for certain properties primarily consisting of rural, agricultural, and conservation properties in the City of Muskego, said properties more specifically
being those consisting of the tax key numbers attached to this ordinance in the City of Muskego and which may result in a change in current zoning and/or 2010 Comprehensive Plan
density as to said properties so as to conform to the 2020 Comprehensive Plan; and
WHEREAS, The City of Muskego wishes to temporarily prohibit land divisions pursuant to Wisconsin Statute §236.45 and other applicable law while it adopts its 2020 Comprehensive Plan
pursuant to Wisconsin Statute §66.1001 and other applicable law and to temporarily prohibit rezoning and/or 2010 Comprehensive Plan amendments of said lands pursuant to Wisconsin
Statute §62.23(7) and other applicable law; and
WHEREAS, The Common Council finds that time is necessary to consider and adopt any such changes and that a moratorium is required in order to avoid confusion of conflicting proposals
and to allow the 2020 Comprehensive Plan Committee the ability to focus on the implementation of the goals, objectives, and recommendations in the draft 2020 Comprehensive Plan specifically
in relation to certain properties primarily consisting of rural, agricultural, and conservation properties in the City of Muskego in order to further maintain the City’s rural atmosphere;
and
WHEREAS, The ordinance will provide the City with an opportunity to stabilize growth to continue the planning process, including completing the land use element, and such stay will
eliminate development pressures within the City which would otherwise increase during the planning process because landowners and developers might seek to rush their projects in order
to gain approval before the planning process can be further completed by the City. A temporary stay will allow the City sufficient time to implement additional new elements, including
the land use element, by amending existing or creating new ordinances, if necessary; and
WHEREAS, Because State law requires that zoning and subdivision control be consistent with the comprehensive plan, it is foreseeable that the City of Muskego Zoning Code and Subdivision
Control Ordinance will need to be amended to conform to the comprehensive plan once the 2020 Comprehensive Plan is adopted; and
WHEREAS, By adopting a moratorium, the City may be able to limit the number of nonconforming land uses that may be created upon the adoption of the comprehensive plan and zoning code
amendments that may arise from the amendment of the comprehensive plan; and
WHEREAS, A Public Hearing was held on June 24th, 2008.
NOW, THEREFORE, BE IT RESOLVED, That the Planning Commission hereby establishes a four (4) month moratorium is on all new land divisions, 2010 map amendments, and rezoning petitions
for the tax key numbers attached to ordinance #1278.
Plan Department
City of Muskego
Adopted:
Defeated: August 5, 2008
Deferred: July 15, 2008
Introduced: July 15, 2008
ATTEST: Kellie McMullen, Recording Secretary