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COMMITTEE OF THE WHOLE Packet - 7/25/2017 CITY OF MUSKEGO COMMITTEE OF THE WHOLE AGENDA July 25, 2017 5:45 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF AGENDA APPROVAL OF MINUTES - June 27, 2017 NEW BUSINESS 1. Discuss Rezoning Sunset 2. Discuss Possible Goat Regulations 3. Discuss Agricultural Buildings for Commercial Gatherings 4. Discuss Festival Parade Participation 5. Facilities Update and New City Hall Meeting Rooms COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following Common Council Meeting of the same date to continue work on agenda items NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES June 27, 2017 City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Aldermen Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Also present City Attorney Warchol and Finance and Administration Director Mueller. STATEMENT OF PUBLIC NOTICE Ms. Mueller stated the meeting was properly noticed. APPROVAL OF MINUTES - May 23, 2017 Alderman Madden made a motion to approve. Alderman Borgman seconded; motion carried. NEW BUSINESS Discuss Local Access Channel Mayor Chiaverotti gave a brief overview of the local access channel. She stated that with construction of the new City Hall, the cable for the access channel will have to be relocated at an expense of $10,000. The Mayor noted that only Spectrum subscribers have access to the channel. Audio and video of the meetings will still be accessible via the internet. After discussion, the Aldermen unanimously agreed not to incur the expense to move the cable. Staff was directed to give notice of the change to the public using all available means. 2018 Budget Goals Discussion Mayor Chiaverotti acknowledged the 2018 Summary Budget Guide compiled by Finance and Administration Director stated that the tax rate will change as a result of the Citywide Revaluation. The proposed Comprehensive Goals were accepted unanimously:  Apply Net New Growth as Allowed per State Levy Limit  Maintain High Bond Rating  Limit One-Time Funding Sources  Avoid Depletion of Special Revenue Funds  Support Economic Drivers, Including TID Creations and Incentives  Strengthen Efficiencies through Implement Shared Services  Recognize and Respect the Expertise of Incumbent Employees thru Competitive Pay Increases & Benefit Packages  Abide by General Operating Fund Balance Policy  Budget Goal Setting as a Collaboration between the Committee of the Whole, Mayor & Staff The Mayor stated that Department Heads will be directed to work on their 2018 budgets within the parameters of the Comprehensive Goals. The 2018 Summary Budget Guide will be available on the City website. Alderman Wolfe made a motion to adjourn at 7:15 p.m. Alderman Kubacki seconded; motion carried. Minutes transcribed by Kim Chavie, Assistant Deputy Clerk One Honey Creek Corporate Center 125 South 84th Street, Suite 401 Milwaukee, WI 53214-1470 414 / 259 1500 414 / 259 0037 fax www.graef-usa.com 2017-0921.00 MEMORANDUM TO: Adam Trzebiatowski, AICP, Lead Planner FROM: GRAEF Craig Huebner, AICP Kristian Vaughn DATE: July 14, 2017 SUBJECT: Review of Zoning Ordinances for Goats in semi-Rural and Residential Settings Per the request of City staff, the following is a review of existing municipal ordinances regarding the regulation of the keeping of goats on agricultural and residential properties. The review included Muskego’s existing zoning ordinances, as well as those from New Berlin, Franklin, and Mukwonago. This memorandum concludes with recommendations for a potential amendment to Muskego’s Zoning Code. A. MUSKEGO EXISTING ZONING CODE The keeping of goats is generally allowable per Muskego’s Zoning Code as permitted and conditional uses as a species of livestock within agricultural uses. Of note, the prohibition of goats appears in §8.01(3)(A)(3a). The remaining ordinances generally allow for “livestock.” Specifically, Muskego’s Zoning Code regulates the keeping of goats in two zoning districts: RCE Country Estate District and A-1 Agricultural District. While the A-1 District is specifically designed to accommodate agricultural uses, it includes the permitted, conditional, and accessory uses in the RCE District. Additionally, “hobby farms” are categorized as accessory uses on parcels zoned for residential uses with a minimum lot area of 120,000 square feet. Within these zoning districts, a property owner or business owner could keep goats – whether as a permitted, conditional, or accessory use. B. REVIEW OF ZONING CODES FROM SURROUNDING MUNICIPALITIES The Zoning Codes for New Berlin, Franklin, and Mukwonago were included in the review. I. New Berlin New Berlin’s Zoning Code contained the most detailed regulations for the “keeping and raising of animals” on agricultural and residential parcels. Goats are considered “small livestock” and are allowed in the A-1, A-2, R-1/R-2, and R-2E Districts. The “keeping and raising of animals” is permitted in the A-1 and A-2 Districts, while it is an accessory use in the R-1/R-2 and R-2E Districts. The following table is excerpted from the New Berlin Zoning Code and describes the maximum quantities of certain species of livestock permitted on lots zoned A-1, A-2, R-1/R-2, C-1 and C-2. Those species not immediately related in size or character to goats were omitted from the excerpt. -2- 2017-0921.00 II. Franklin Franklin regulates the raising and keeping of animals as a permitted use in “rural areas,” identified in Municipal Code Chapter 183 “Orderly Conduct.” The Building Inspector issues the permit to an applicant, which must be renewed annually. Municipal Code §183-68(C)(2)(b) stipulates the conditions for a permit that primarily require that the “poultry or animal yard” must be maintained in a clean and sanitary state; the presence of rodents is sufficient evidence to indicate a Code violation. The following table is excerpted from the Franklin Municipal Code and provides the conditions for the raising and keeping of different species of animals in “rural areas.” III. Table B: New Berlin Zoning Code Table 275-41A Category Minimum Lot Size (acres) Number per acre Type of Animal Small livestock 2 8 Goats 8 Sheep 12 Pigmy goats 8 Llamas, alpacas 4 Potbellied pigs, other small-breed pigs under 300 pounds Double allowable density All small livestock offspring under 12 months Small fowl 1 20 Over 4 months of age Large fowl 2 4 Over 4 months of age Rabbits 1 20 Over 4 months of age NOTE: See § 275-41A(2)(f) for calculating animal combinations. Table C: Franklin Municipal Code §183-68(C)(2) Species Minimum Land Area (acres) Special Regulations Poultry 3 Not more than 20 fowl for each acre of lot area Goats and sheep 20 Pens and feeding areas shall be located not less than 500 feet from an urban area. Limit one per acre. Rabbits 3 Hutches shall be located not less than 100 feet from an urban area. Other fur- bearing animals 20 Pens and feeding areas shall be located not less than 150 feet from an urban area. -3- 2017-0921.00 Mukwonago The “keeping and raising of domestic stock” incidental to the principal use is a permitted use in Mukwonago’s A-1 Agricultural District. The following limitations are excerpted from Mukwonago Zoning Code §100-71(1)(b): b. Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises subject to the following limitations: 1. No more than one horse, cow, sheep or similar animal, over six months of age, shall be kept for each two acres; or 2. No more than five chickens, ducks or similar poultry, over two months of age, shall be kept for each acre; or 3. No more than eight rabbits or hare, over two (2) months of age, shall be kept for each acre; 4. The keeping and raising of hogs or fur-bearing animals, except rabbits, is prohibited; 5. Combinations of the above shall be apportioned to the total acreage, and the zoning administrator shall determine the total number of animals allowed. C. RECOMMENDATIONS As the Muskego Zoning Code already regulates the keeping and raising of goats as a conditional use in the A-1 District, it is most appropriate to consider amending the conditional use provisions in select residential districts: RCE, RC-1, RC-2, RC-3, and RSE. These residential zoning districts provide an acceptable minimum lot size where the presence of goats (a maximum allowable number), their enclosure, and their paddock may have less of an impact on neighboring properties. The existing chicken ordinance in the RCE District sets a good example and template for the regulation of goats. At a minimum, the following components should be considered if a Code amendment is drafted:1 1. Goats should be explicitly identified for regulation and differentiated from other types of livestock. This should occur in the residential districts, as well as on hobby farms as accessory uses. 2. The issuance of a Conditional Use Grant can be a one-time approval, but a sunset provision for an annual renewal should be included. Provided that neighbors have not complained about the property owner’s goats, the renewal process can simply consist of an annual administrative fee. If City staff wish to conduct annual site visits, the sunset provision provides a non-confrontational way in which to do so. 3. The enclosures and paddocks should be required and considered structures subject to regulation by setback and yard requirements. 1 The Leopold Center for Sustainable Agriculture at Iowa State University produced a guidebook entitled, “Municipal Zoning for Local Foods in Iowa: A Guidebook for Reducing Regulatory Barriers to Local Foods.” The guidebook includes model ordinances and is available on-line: https://blogs.extension.iastate.edu/planningBLUZ/files/2012/01/ZONING-FOR-LOCAL-FOODS-GUIDEBOOK.pdf, accessed 8 June 2017. -4- 2017-0921.00 4. Permitted breeds should be smaller varieties, potentially including Pygmy, Nigerian Dwarf, and miniature dairy. On larger parcels (i.e., hobby farms and large farms), traditional breeds may be appropriate. 5. Does are less aggressive and produce less odor, whereas bucks (males) and wethers (castrated males) can be aggressive, will produce an odor, and are generally only useful for brush removal. Thus, does should be allowed and bucks and wethers prohibited. 6. The goats should be required to be debudded (horns removed). 7. Property owners should be required to have a minimum of two goats, as they are herd animals. Because does (females) need to be bred to produce milk, additional considerations should be given to the presence of kids (babies) and how the maximum allowable number of goats may increase on a parcel for a temporary period of time. D. NEXT STEPS At the discretion of the Common Council and/or Plan Commission, the following next steps may be considered to address the regulation of the keeping of goats in the city of Muskego: A. Following the discussion of this topic and memorandum, the Common Council and/or Plan Commission may direct City staff to conduct additional research to provide clarification about specific questions or issues. B. If the Common Council and Plan Commission feel it is appropriate, they would direct City staff to draft an ordinance to amend the Zoning Code to regulate the keeping of goats in the city of Muskego. The draft ordinance would be reviewed by the Plan Commission and Common Council for possible action. One Honey Creek Corporate Center 125 South 84th Street, Suite 401 Milwaukee, WI 53214-1470 414 / 259 1500 414 / 259 0037 fax www.graef-usa.com 2017-0921.00 MEMORANDUM TO: Adam Trzebiatowski, AICP, Lead Planner FROM: GRAEF Craig Huebner, AICP DATE: July 18, 2017 SUBJECT: Review of Zoning Ordinances for Event/Wedding Venues in Agricultural Zoning Districts Per the request of City staff, the following is a review of event/wedding venues as uses within Agricultural Zoning Districts. Agricultural settings have become increasingly popular venues for weddings and other special events. These types of events typically seek out the usage of existing farm/agricultural facilities that include a barn structure. This memorandum includes examples of how other Wisconsin communities have addressed this type of use and concludes with considerations for a potential amendment to Muskego’s Zoning Code for the city to review. A. REVIEW OF ZONING CODES FROM SURROUNDING MUNICIPALITIES In an effort to find municipalities with zoning ordinances related to barn venues, GRAEF conducted a search of outdoor wedding barn websites. The search resulted in the following wedding venues with barn facilities: • Badger Farms (Town of Cottage Grove, WI) • Barn at Harvest Moon Pond (Town of Lowville, WI) • Bennett Barn (Town of Milford) • Sugarland Sweet Beginnings (Town of Arena, WI) The majority of these municipalities fall under county zoning jurisdiction and do not have codified regulations specific to barn venues. The exception is Bennett Barn which falls under Jefferson County zoning jurisdiction and has specific regulations related to adaptive reuse of barns. The following section contains a summary of Jefferson County zoning as well as the Village of Bristol, WI, which also contains codified regulations related to wedding venues. I. Jefferson County Jefferson County approved an amendment to their zoning code in 2013 to regulate the adaptive re-use of barns for a variety of different uses including, but not limited to, weddings, banquets, and corporate events. The re-use of barns for uses other than agricultural purposes are allowed as a conditional use within either the A-2 or A-T zoning districts of Jefferson County (see Table 1 below). Jefferson County Ordinance No. 2013-30 regarding adaptive re-use of barns and conditional uses reads as follows: -2- 2017-0921.00 These conditional uses are associated with adaptive reuse of barns as defined in the ordinance. Existing pre-1970 barns with a limitation for additions of no more than 25 percent of the existing footprint and no more than 25 percent replacement, modification or repair of existing structural members. However, as part of the conditional use process the Planning and Zoning Committee may consider replacement, modification or repair of the existing barn that exceeds this limitation if it meets the purpose and intent of this section. In addition, the limitations of Section 11.09 still apply. As a condition of approval the barn conversion shall meet all applicable Federal, State and Local Codes for the conversion to a public building and place of employment. Notice of approval from the State of Wisconsin shall be submitted to the Zoning Department prior to issuance of the Zoning and Land Use permit which is required for conversion of use. Conditional Uses in either the A-2 or A-T zoning district include the following: • Winery, tasting room, store • Antiques store • Farm store • Repair shop, machinery repair, auto repair, equipment repair, small engine repair • Garden center with store • Recreation facility • Office space • Recycling facility • Conference center, banquet hall, event facility • Storage – mini storage, personal storage • Classroom, educational facility, art studio • Tourist rooming house – would count as a residence under the A-3 regulations • Butcher shop, food processor • Eating and drinking place Table 1: Jefferson County Zoning Districts and Regulations Zoning District Minimum Lot Size Minimum Lot Width Setbacks A-2 (Agricultural and Rural) Sufficient areas for principal structures and accessory buildings 200’ 30’-100’ (front-depending on street classification); 20’ (side); 20’ (rear); Option for greater setbacks set by the Planning and Zoning Committee, dependent upon use. A-T (Agricultural Transition) 35 acres 200’ 30’-100’ (front-depending on street classification); 20’ (side) provided that agricultural structures do not exceed in height twice their distance from the nearest lot line; 20’ (rear) II. Bristol, WI The Village of Bristol (Kenosha County) adopted a new ordinance in 2016 regarding Special Event/Wedding Barns and Venues as Conditional Uses in Agricultural Zoning Districts. The ordinance amends the Village Zoning Code and identifies special event/wedding barns and -3- 2017-0921.00 venues as conditional uses in their four Agricultural Districts (A-1, A-2, A-3, A-4) as well as the Rural Residential District (R-1). Table 2 shows the physical lot requirements for these districts. Table 2: Village of Bristol Zoning Districts and Regulations Zoning District Minimum Lot Size Minimum Lot Width Setbacks A-1 (Agricultural Preservation) 35 acres 600’ 40’ (street); 25’ (side); 50’ (rear); 75’ (shoreyard) A-2 (General Agricultural) 10 acres 300’ 40’ (street); 25’ (side); 50’ (rear); 75’ (shoreyard) A-3 (Ag Related Manufacturing, Warehousing) 5 acres 300’ 40’ (street); 25’ (side); 50’ (rear); 75’ (shoreyard) A-4 (Agricultural Holding) 35 acres 600’ 40’ (street); 25’ (side); 50’ (rear); 75’ (shoreyard) R-1 (Rural Residential) 5 acres 250’ 40’ (street); 25’ (side); 50’ (rear); 75’ (shoreyard) Table 3 and 4 are excerpted from the Bristol Municipal Code and provide application requirements and conditional use provisions for special event/wedding barns and venues: Table 3: Village of Bristol Application Submission Requirements Conditional Use Permit Application Requirements 1. Ownership of the property. 2. Months (seasons) of operation. 3. Proposed hours/days of operation. 4. Primary types of events to be hosted; events which will not be hosted. Included should be descriptions of proposed affiliated activities such as hayrides, petting farms, bonfires, etc. 5. The size of the barn facility and guest capacity, including a floor plan of the barn and other areas/structures to be utilized. 6. A site plan for the entire parcel, including ingress/egress and parking areas and capacity. 7. The anticipated number of events per year. 8. The maximum number of attendees per event. 9. Number of full- and part-time employees. 10. Provision of restroom facilities. 11. Location of refuse receptacles and method of disposal. 12. Proposed signage. 13. Proposed lighting plan. 14. Use of music at the facility, including types of sound amplification. 15. Temporary structures or tents to be used in association with events. 16. Insurance coverage. 17. Any other document required by the Zoning Administrator. -4- 2017-0921.00 Table 4: Conditional Use Provisions Conditional Use Provisions a. This conditional use is for the conversion of existing farm buildings or construction of new buildings of a farm, rustic or similar style, and the use of surrounding grounds for organized meeting and/or reception space as a gathering place for weddings, parties, and corporate events. b. Minimum parcel size shall be five (5 acres). c. A two hundred (200) foot open buffer shall be provided on all sides of the property not abutting a public roadway. Special event/commercial business activities are not permitted within this buffer area. Where possible, agricultural crops shall remain or be grown in the buffer area, or suitable landscaping, to maintain the rural/agricultural character of the site. d. Buffer plantings shall be provided along a property line where there is an abutting residence and which are intended to screen views, lights, and noise from the operation. e. Parcels shall have unobstructed frontage along a paved public road for direct access. f. All ingress/egress and parking areas shall be located in such a manner to minimize traffic hazards associated within entering and existing the public roadway. g. Access drives on private easements are not permitted. h. The increase in traffic generated by the commercial activity shall not create a nuisance to nearby residents by way of traffic, noise or significant increases in parking on public ways. i. Parking may be either gravel or paved as determined by the Plan Commission. Sufficient parking spaces to accommodate the guest capacity of the events facility shall be provided, as determined by the Zoning Administrator, with stormwater management addressed. Overflow parking on grass or hay areas is permissible. j. Parking areas of any type shall not be located in the required buffer area or within any other setback areas required by the Zoning Code. k. Handicapped parking spaces shall be paved and meet all State and Village standards. l. Signage and site lighting shall comply with Village ordinances. Lighting shall be the minimum necessary to provide for site safety and comply with ordinance standards. Lighting shall be directed away from adjacent properties. m. Structures shall meet Fire Code standards and shall be inspected by the Fire Inspector and Building Inspector prior to occupancy. n. The display of fireworks on the site is permitted only following issuance of a separate fireworks permit from the Village. Outdoor bonfires are allowed only after prior written approval of the Fire Inspector. The launching of fire kites is prohibited. o. Amplified music and dancing are permitted only within the barn structure as part of the conditional use permit. p. Outside amplified music events are only permitted by special permit from the Village Zoning Administrator prior to each such event permit. q. The sale and consumption of alcohol beverages on the premises are subject to Village licensing requirements. A license is not required for events where alcohol beverages are brought to the barn premises and offered on a complimentary basis to guests. The serving area for alcohol beverages shall not exceed one thousand two hundred (1,200) square feet. r. Affiliated permitted uses on the site as specified in Ordinance No. 2016-11. -5- 2017-0921.00 B. CONSIDERATIONS FOR THE CITY OF MUSKEGO At a minimum, the following list includes key components that should be considered if a Code amendment is drafted: 1. Submittal Requirements: Table 3 provides examples of possible application requirements the City of Muskego could enforce with a conditional use permit for events in agricultural districts. It is important for the Plan Commission to fully understand all components of the possible use and apply conditions of approval appropriately based upon the submitted materials. 2. Lot Size: All of the wedding venues that were included as part of this research are located on lots no smaller than 5 acres in size. Additionally, Bristol’s ordinance requires a minimum lot size of 5 acres. In an effort to maintain the rural/agricultural character of a property while allowing larger events, a minimum lot size of 5 acres is recommended. Larger lot sizes will also aid in the possible nuisances associated with wedding events (noise, light, traffic, etc.) 3. Setbacks: Increased setbacks may be warranted depending on which Muskego Zoning Districts allow wedding barn venues as a conditional use. Consideration of additional setback requirements for properties adjacent to residential districts should be considered. 4. Traffic and Parking: Depending on the size of the venue and anticipated number of attendees, increased traffic and parking provisions will be key elements to plan for and regulate. On-site parking should be required and follow city standards for buffering from adjacent properties. Design of parking facilities is approached differently in communities that were researched as part of this memo. The use of gravel, grass, and hay are permissible in some communities while hard-surface pavement is required in others. Pavement requirements should be discussed by the city as to whether or not to allow non-paved parking facilities. Parking supply should be based upon venue capacity (both indoor and outdoor). In Bristol, the required parking that must be provided uses the ratio of 1 parking space per 50 feet of event space. ADA parking provisions shall be required and comply with all local and State requirements. 5. Site Lighting: Development in the City of Muskego requires specific illumination levels and fixture designs. Standards for lighting should be discussed by the city and may warrant a less stringent lighting requirement as compared to other commercial development. While the possible wedding event use is more in line with a business operation, it is important to try and maintain the agricultural character of the property and minimize light pollution to adjacent properties and public streets. 6. Restroom Facilities: Portable restroom facilities are fairly common in wedding barn venues in other communities. If allowed by the City, portable restroom facilities should be treated similar to refuse areas and include proper setback and screening from public streets and adjacent properties. 7. Structural Engineering: Barns are not designed for the occupancy loads associated with weddings or other banquet events. A structural analysis by a licensed Engineer should be required before any permit is granted by the City. -6- 2017-0921.00 8. Non-local regulations: Repurposed barns will often not meet the required State building codes required for occupancy (fire, ADA, etc.). Buildings shall be brought up to Code prior to any permit being granted by the city. C. NEXT STEPS At the discretion of the Common Council and/or Plan Commission, the following next steps may be considered to address the regulation of event/wedding venues in Agricultural Zoning Districts in the city of Muskego: A. Following the discussion of this topic and memorandum, the Common Council and/or Plan Commission may direct City staff to conduct additional research to provide clarification about specific questions or issues. B. If the Common Council and Plan Commission feel it is appropriate, they would direct City staff to draft an ordinance to amend the Zoning Code to regulate event/wedding venues in Agricultural Zoning Districts in the city of Muskego. The draft ordinance would be reviewed by the Plan Commission and Common Council for possible action.