PCR2012004
AMENDED
RESOLUTION #P.C. 004-2012
RECOMMENDATION TO COMMON COUNCIL TO AMEND THE CHAPTER 17 ZONING CODE AND ZONING
MAP OF THE CITY OF MUSKEGO RELATING TO THE EA EXCLUSIVE AGRICULTURAL DISTRICT TEXT
AND DISTRICT MAPPING
WHEREAS, The City of Muskego Common Council has been reviewing various possible changes to the City’s EA
Exclusive Agricultural Zoning District and zoning text this past year due to changes in the State Law governing
Agricultural Preservation Tax Credits, and
WHEREAS, The EA Zoning District and zoning text was implemented by the City of Muskego in the early 1980s
solely to allow farmers ability to apply for the State’s Agricultural Preservation Tax Credits, and
WHEREAS, State laws have recently changed relating to Agricultural Preservation Tax Credits that require a
landowner to meet more requirements, outside of the city’s control, above and beyond simply having the city zone
their lands EA Exclusive Agricultural, and
WHEREAS, The City’s Common Council has posed different options, via the following ordinances, that allow
different possibilities on how the city wishes to zone agricultural lands as we progress into the future:
Council Ordinance #1353: Ordinance that would amend the City’s existing EA Zoning Text to repeal it and
recreate it as a new State approved EA Zoning Text,
Council Ordinance #1354: Ordinance that would remove the EA zoning text and EA Zoning District form
the Zoning Map and replace those parcels currently zoned EA Exclusive Agricultural today with the A-1
Agricultural District, and
WHEREAS, The A-1 Agricultural District allows the same agricultural activities as the EA Exclusive Agricultural
Zoning District, and
WHEREAS, The A-1 District allows parcel sizes of 2.75 acres in size and 300 feet in width and the EA Exclusiv e
Agricultural District allows parcel sizes of 35 acres in size and 1,275 feet, and
WHEREAS, A public hearing took place to consider the amendments on January 10, 2012.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends that the Common Council defeat
Council Ordinance #1353 and approve Ordinance # 1354.
BE IT FURTHER RESOLVED, That the City should look favorably on a landowner’s future zoning petition
should they request to reinstate the EA zoning if they have received approval from the State of Wisconsin
and Waukesha County as a qualifying designated agricultural preservation area.
Plan Commission
City of Muskego
Adopted: March 6, 2012
Defeated:
Deferred:
Introduced: March 6, 2012
ATTEST: Kellie McMullen, Recording Secretary