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COMMITTEE OF THE WHOLE - MINUTES - 8/5/2003 CORRECTED* CITY OF MUSKEGO PLAN COMMISSION / COMMITTEE OF THE WHOLE APPROVED MINUTES OF MEETING HELD AUGUST 5, 2003 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Slocomb called the meeting to order at 7:02 p.m. Those present recited the Pledge of Allegiance. PRESENT Mayor Slocomb, Aldermen Petfalski, Buckmaster, Damaske, Madden, Patterson (arrived at 7:25 p.m.), Salentine and Schroeder, Commissioners Hulbert, Schaumberg, Stinebaugh and Michalski, Plan Director Turk, Assistant Plan Director Wolff and Recording Secretary Asti. ABSENT Commissioner Brodel Recording Secretary Asti noted that the meeting was properly noticed on July 30, 2003 in accordance with the Open Meeting Law. NEW BUSINESS Discussion on Zoning Code Repeal and Recreation Issues for purposes of providing direction to Planning Staff. Plan Director Turk stated that staff is rewriting zoning code and looking for direction from committee members whether specific issues of concern should be investigated and incorporated into the changes of the current code. a. Possible changes in farming related uses permitted by right in sewered residential districts. The use of agricultural and hobby farming has not been a problem in the past. However, under the current code, it is feasible that a commercial operator could conduct intensive agricultural use in sewered residential areas. Staff requesting direction as to whether committee members feel there is a potential for concern to be more restrictive for rules relating to hobby farms and commercial farming. Consensus of committee members felt that as long as the Zoning Code is being rewritten, steps should be taken to eliminate problems that could arise in the future. *At the same time, there was an equally strong consensus that one size does not fit all and that the Plan Commission should be given the prerogative to deal with the exceptions. This will be the topic of a future meeting. b. Office Park design guides prepared by Vandewalle & Associates. Plan Director Turk informed committee members that this item is for informational purposes and that the Mayor’s Task Force is in the process of reviewing this document. Director Turk requested members to the key elements being proposed: Pedestrian and bicycle access to adjacent R.O.W. Distinct building groups. Shared entry drives. Distinct outdoor spaces. Retail complex at entry to business park. Organized campus of common spaces and individual sites. Connections to natural corridors and trail systems. Pedestrian and bicycle trail PLAN COMMISSION AND COW MINUTES, Continued August 5, 2003 system. Staff is waiting for the absorption projections and plans to meet with Vandewalle on Friday, August 8 to discuss all changes. This will be the topic of a future meeting. c. Possible business and office zoning districts. The existing Business Park District permits office, light manufacturing and warehouse uses. Staff believes existing ordinance does not restrict permitted land uses as depicted in Vandewalle’s proposal. Staff proposes two new zoning districts: BP-1, Business Park and Office Park Support District which will allow administrative and public services offices along with banks, hotels, banquet meeting facilities, restaurants and limited scale retail. BP-2, Office Park District will allow professional office and administrative type facilities. This district will require 90% open space and permits high floor ratio, allowing a building with a small footprint but may be 2-3 stories in height. Staff recommends current district be recreated as BP-3, Business Park District. This district most likely would not be in the Moorland Road Corridor. One change being recommended is a reduction of permitted floor area by right from 100,000 square feet to 50,000 square feet, with larger buildings permitted by Conditional Use Grant. This will be the topic at a future meeting and Public Hearing. d. Adequate Public Facilities standards. At a previous meeting, committee members directed staff to proceed with reviewing provisions for Holding Zones and Adequate Facilities. The Adequate Public Facilities rules allow for “automatic” approvals of small scale projects and should include provisions for waivers. This item is being presented as a draft ordinance format which fits into current zoning code so that it could be implemented concurrently with any office park zoning at the conclusion of the moratorium. It is also designed in a separate format to fit in with any new zoning code that may be implemented. In essence, this formalizes a review process that we have in place, but which is largely undocumented. The City Attorney is still reviewing the ordinance and has concerns that we will not be violating anyone’s property rights. Alderman Schroeder asked if taking our schools into consideration is an option. Plan Director Turk stated that this has never been done in the State of Wisconsin. Things in this ordinance are things that are currently being reviewed for adequacy, defining terms, defining how to review and what to look for. Schools have been challenged in other States however, staff does not recommend that this is the direction the City should be pursuing. This will be the topic at a future meeting and Public Hearing. e. Upland Conservation Districts. Currently there are three districts related to preservation: L - Lowland which is areas of poor soils which have limited development potential. SW – Shoreland Wetland District which prohibits developments except open space recreation uses to within 1000 feet of lakeshore. WF - Wetland Floodplain which prohibits all developments except open space recreation uses. There are also areas of uplands which are prohibited from development. These areas are identified in the Sewer Service Area Plan. MMSD and the DNR restrict development in areas with slopes in excess of 12%. They also restrict development in areas they identify as isolated natural resource areas to 5 acre developments. The majority of these lands especially within the sever service area, are zoned for urban intensities of development, however cannot be developed to that potential. Staff believes this practice is misleading to property owners to get a false sense of value associated with a non-existent development right. Staff recommends to create an upland conservancy district which continues to allow uses that MMSD and the DNR will allow but recognizes components that the property owners have PAGE 2 PLAN COMMISSION AND COW MINUTES, Continued August 5, 2003 development restrictions that are due to requirements by MMSD and the DNR. These areas are primarily in the upland wooded areas and natural areas. This will be the topic at a future meeting and Public Hearing. MISCELLANEOUS BUSINESS None. ADJOURNMENT Alderman Petfalski made a motion to adjourn at 7:46 p.m. Alderman Buckmaster seconded; motion carried. Respectfully submitted, Sandra S. Asti Recording Secretary PAGE 3