PCR2002017RESOLUTION #P.C. 017-2002
RECOMMENDATION TO COMMON COUNCIL TO ESTABLISH A MORATORIUM ON
PROHIBITED USES IN THE OWP WELLHEAD PROTECTION OVERLAY DISTRICT
FOR SPECIFIC PROPERTIES LOCATED IN THE SW %OF SECTION 2, SE 'A OF
SECTION 3, AND NE % OF SECTION 10
WHEREAS, The City of Muskego is in receipt of a document from consulting
engineering at Ruekert 8 Mielke titled, Report on Water Supplv Facilities, 2001 Update,
and
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WHEREAS, Said report identifies three specific areas for the exploration of a future
municipal water supply source, and
WHEREAS, Administrative Rules promulgated by the Wisconsin Department of Natural
Resources requires the construction of any new municipal water source to be preceded
by the preparation and adoption of a Wellhead Protection Plan and OWP Wellhead
Protection Overlay Zoning District, and
WHEREAS, Said Wellhead Protection Plan and OWP Wellhead Protection Overlay
Zoning District can not be developed until a specific parcel of land is selected for the
construction of a municipal well, and
WHEREAS, Section 17:9.11 (7)(a)(7)(b) and Section 17:9.11 (7)(a)(7)(c) of the Zoning
Code identify specific land uses that are prohibited within well head protection areas,
and
WHEREAS, One of said areas, a part of which is located in the SW 'A of Section 2. SE
% of Section 3, And NE % of Section 10. includes properties that are zoned for
commercial use, or are depicted in the adopted 2010 Comprehensive Plan as being
suitable for future commercial use, those parcels being identified by Tax Key Number
as:
MSKC.2167.993
MSKC.2167.994
MSKC.2167.995
MSKC.2167.995.001
MSKC.2172.998
MSKC.2172.998.002
MSKC.2172.999
And,
WHEREAS, The existing or future zoning of the parcels identified above may permit
land uses which are incompatible with the potential location of a municipal water supply
source, and
WHEREAS, The Plan Commission recognizes that the standards and ordinances put
forth in Chapter 17. Zoninq, are intended to preserve the health, safety, welfare, and
morals of the citizens of Muskego.
0 THEREFORE BE IT RESOLVED, The Plan Commission recommends that the
Common Council expedite the completion of well exploration in the SW % of Section 2,
SE % of Section 3, And NE % of Section 10.
BE IT FURTHER RESOLVED, The Plan Commission finds that the Zoning Map of the
City of Muskego needs to be amended as soon as practical to depict OWP Wellhead
Protection Overlay Zoning on specific properties located in the SW % of Section 2. SE
’h of Section 3. And NE % of Section 10, specifically:
MSKC.2167.993
MSKC.2167.994
MSKC.2167.995
MSKC.2167.995.001
MSKC.2172.998
MSKC.2172.998.002
MSKC.2172.999
BE IT FURTHER RESOLVED, That the Plan Commission does hereby recommend
that the Common Council establish a six (6) month moratorium on land uses prohibited
in Wellhead Protection Zones, as detailed in Section 17:9.11 (7)(a)(7)(b) and Section
17:9.11 (7)(a)(7)(c) of the Zoning Code.
BE IT FURTHER RESOLVED, The Plan Commission does hereby recommend that any
such moratorium provide exemptions for applicants and projects where vested rights in
a specific Building Site and Operation Plan (BSO) can be demonstrated, and for
applicants who receive special exemptions as may be granted by the Common Council.
BE IT FURTHER RESOLVED, that the City will continue to accept applications for uses
prohibited in the OWP District and proposed to be located on the subject properties, but
will not act upon them until a new Zoning Overlay District ordinance is adopted and the
moratorium is lifted,
Plan Commission
City of Muskego
Adopted: February 5.2002
Defeated:
Deferred:
Introduced: February 5, 2002
ATTEST. Sandi Asti, Recording Secretary
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