PCR2002051RESOLUTION #P.C. 051-2002
RECOMMENDATION TO COMMON COUNCIL TO ESTABLISH A MORATORIUM ON
PROHIBITED USES IN THE OWP WELLHEAD PROTECTION OVERLAY DISTRICT
FOR SPECIFIC PROPERTIES LOCATED IN THE NE % AND SE % OF SECTION 9
AND NW 114 AND SW %OF SECTION 10
WHEREAS, The Freedom Square Condominium Association has requested the City of
Muskego Water Utility to acquire their private water distribution system, and
WHEREAS, On March 18, 2002 the Common Council's Utility Committee authorized
the pursuit of said acquisiton, and
WHEREAS, Administrative Rules promulgated by the Wisconsin Department of Natural
Resources requires the acquisition 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 detailed studies are conducted to determine
the range of the well recharge area for the wells within the Freedom Square
Condominium, 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, The existing or future zoning of the parcels within the NE % and SE ?A of
Section 9 and the NW % and SW % of Section 10 may permit land uses which are
incompatible with the location of a municipal water supply source, and
WHEREAS, The Plan Commission recognizes that the standards and ordinances put
forth in Chapter 17, m, are intended to preserve the health, safety, welfare, and
morals of the citizens of Muskego.
THEREFORE BE IT RESOLVED, The Plan Commission recommends that the
Common Council expedite the completion of well head protection for the Freedom
Square Condominium.
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 properties located in the NE % and SE % of Section 9 and
the NW % and SW % of Section IO.
BE IT FURTHER RESOLVED, That the Plan Commission does hereby recommend
that the Common Council establish a four (4) month moratorium on land uses
prohibited in Wellhead Protection Zones, as detailed in Section 17:9.11 (7)(a)(7)(b) and 0 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: April 2, 2002
Defeated:
Deferred:
Introduced: April 2, 2002
ATTEST. Sandi Asti, Recording Secretary
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