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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 ~ I 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 $AM& d L?”&