PCR20021340 RESOLUTION #PC 134-2002
PARTICIPATE IN THE COOPERATIVE AGREEMENT FOR THE DEVELOPMENT OF THE WAUKESHA
RECOMMENDATION TO THE COMMON COUNCIL THAT THE CITY OF MUSKEG0 NOT
COUNTY"C0MPREHENSIVE" DEVELOPMENT PLAN
WHEREAS, WI Stats. 62.23 (2) [City Enabling Legislation] says "It shall be the function and duty of the
[Plan] commission to make and adopt a master plan for the physical development of the City. ;" and
WHEREAS, WI Stats. 62.23 (3) (b) [City Enabling Legislation] says "The commission may adopt the
master plan as a whole by a single resolution, or, as the work of making the whole master plan
progresses, may from time to time by resolution adopt a part or parts of a master plan. The purpose and
effect of the adoption and certifying of the master plan or part of the plan shall be solely to aid the city
plan commission and the council in the performance of their duties:" and
WHEREAS, WI Stats. 236.12 (2) (b) says Counties may "review plats for conflicts with park, parkway,
expressway, major highways, airports, drainage channels, schools, or other planned public
developments:" and
WHEREAS, WI Stats. 59.69 (1) [County Enabling Legislation] says "It is the purpose of this section to
promote the public health, safety, convenience and general welfare; to encourage planned and orderly
land use development. To accomplish this purpose the board may plan for the physical development
and zoning of territory within the county as set forth in this section and shall incorporate therein the
master plan adopted under s. 62.23 (2) or (3) and the official map of any city or village in the county
adopted under s. 62.23 (6);" and
direct the preparation of a county development plan or parts of the plan for the physical development of
WHEREAS, WI Stats. 59.69 (3) [County Enabling Legislation] says "(a) The county zoning agency may
the unincorporated territory within the county. " (b) The development plan shall include the master plan, if
any, of any city or village, that was adopted under s. 62.23 (2) or (3) and the official map, if any, of such
city or village, that was adopted under s.62.23 (6) in the county, without change;" and
WHEREAS, WI Stats. 66.1001 (2) (9) Intergovernmental Cooperation Element, does not say a
municipality must adopt a County "Comprehensive" Development Plan, but, WI Stats 59.69 (3) (b) does
say, "The "comprehensive" development plan shall include the master plan, if any, of any city or village,
that was adopted under s. 62.23 (2) or (3) and the official map. if any, of such city or village, that was
adopted under s. 62.23 (6) in the county, without change; and c:\documents and
WHEREAS, The 2010 Comprehensive Plan adopted by the Plan Commission in Resolution # PC 037-
2001 and by the Common Council in Ordinance # 1042; and
WHEREAS, The Waukesha County Development Plan does not include the City of Muskego 2010
Comprehensive Plan, approved by Ordinance #lo42 and amended "without change" as required by WI
Stats 59.69 (3) (b); and
WHEREAS, The Waukesha County Department of Parks 8 Land Use failed to include the City of
Muskego in its most recent update process of the County Development Plan (1997); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan outlines as one of its
major work elements, "To the extent practicable, local development goals as reflected in the adopted local
land use plans and zoning would be incorporated into the comprehensive development plan. " in
violation of WI Stats 59.69 (3) (b); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan also says under the
"Future urban land use pattern" section " .consideration will also be given to adopted local land use plans
the extent possible, into the comprehensive development plan. " in violation of WI Stats 59.69 (3) (b);
and zoning regulations; and local development objectives contained therein and will be incorporated, to
and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan also says under the
"Implementation Element" The plan implementation element will specifically address. the extent to
which local government plans and programs in the County should be adjusted to be fully consistent
with. .planning efforts within and pertaining to Waukesha County," in violation of WI Stats 59.69 (3) (b);
and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan also says under the
"adoption by Participating Municipalities" section "Each participating municipality will receive a complete
comprehensive development plan with the text and data relative to their individual community. The
Participating community will advance to their appropriate boards or councils an ordinance adopting the
comprehensive development plan that has been compiled for their community" by the County, in violation
of WI Stats 59.69 (3) (b); and
WHEREAS, The proposed Waukesha County "Comprehensive" Development Plan agreement excludes
"Non-participating communities from workgroups and committees whose role it is to review the different
elements of the plan for all the communities regardless of if they are participating or not under the
agreement.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council that
the City of Muskego not to participate in the "Cooperative Agreement between SEWRPC and Waukesha
County for the preparation of the Waukesha County Comprehensive Development Plan.
Plan Commission
City of Muskego
Adopted: October 1, 2002
Defeated:
Deferred:
Introduced: October 1,2002
ATTEST. Sandi Asti, Recording Secretary ,J! d P&