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COMMITTEE OF THE WHOLE - MINUTES - 1/9/2003 COMMITTEE OF THE WHOLE/PLAN COMMISSION JOINT MEETING Approved MINUTES OF MEETING HELD JANUARY 9, 2003 Mayor Slocomb called the meeting to order at 7:03 PM. Committee of the Whole members present were Aldermen Petfalski, Le Doux, Damaske, Salentine, Schroeder and Madden. Ald. Patterson was absent. Plan Commission members present were Commissioners Hulbert, Schaumberg, Brodel, Stinebaugh and Michalski, Mayor Slocomb and Ald. Le Doux. Also present were Planning Director Turk, Assistant Planning Director Wolff and Clerk-Treasurer Marenda. The Pledge of Allegiance was recited by those present. Clerk-Treasurer Marenda reported the meeting was noticed in accordance with the open meeting law. Review Zoning Code Study Area #1: Residential District Consolidation Mr. Turk presented some background information on the Zoning Code. The current zoning code was adopted by the Town of Muskego in 1963 and re-adopted by the City in 1964 and has not had substantial changes since that time. We’re looking at a code that doesn’t really reflect the character of the community as it’s growing today. We know lakeshore zoning doesn’t work because it’s a one-size-fits-all approach, and we have several different lakes with different character areas, so that’s one study area we’ll be looking at. Another area is the duplex and multi-family districts which don’t reflect the condominium market that has evolved. Some of the business districts have already been started to be addressed as you’ve seen in the Tess Corners area. As far as residential districts, we have 10 single family districts. We chose to tackle this one first, and it covers such a broad range of requirements that it affects most of the parcels in the City. A chart was displayed that shows all the single family districts, both unsewered and sewered, and Mr. Turk explained the requirements of each district. Mr. Turk advised staff first looked at how much of the City is in the sewer service area and realizing ultimate build-out of this community is within the next 30-40 years, what is the practicality of having unsewered residential districts. It was found that only 140 out of the 8000 parcels are in four different unsewered zoning districts scattered throughout 36 square miles. By contrast there are about 3000 sewered residential parcels. Staff also recommends the sewered districts’ home size requirements be reduced to alleviate non-conformance when properties change from unsewered to sewered districts. R-1 would change to RSE; R-2 to RS-1 and R-3 to RS-2. Lot sizes tended to parallel well, with issues as to lot width and home sizes. Recommending that sewered minimum home sizes be reduced, which would address the nonconforming issues but would not affect what people are realistically building in the market place today – which are homes over 1800 square feet. A map was shown which showed the properties that would become nonconforming due to lot width requirements. Mr. Wolff explained the difference between nonconforming land and nonconforming structures. Mr. Turk stated three areas of the City had a greater degree of nonconformance, between Racine and Hillendale in the Lembezeder south area where under the scheme outlined this would be an RS-1 district and a substantial number became nonconforming, so the recommendation is to go to RS-2 which eliminates the nonconformance and fits in the neighborhood which is RS-2 and RS-3 currently. Another area is Racine and Parker, one of the few areas zoned R-1. If taken to RSE, a substantial number went to nonconformity due to width, and staff felt appropriate to go to RS-1. Third area was North Cape Rd. north of Schaefer Rd. and to Committee of the Whole/Plan Commission Joint Meeting Page 2 Minutes of Meeting Held January 9, 2003 the east of Hi View Estates where we are looking at RS-2 zoning where the scheme would call for RS-1. Staff is trying to reduce the affects of nonconformity as much as possible. Mr. Brodel questioned the land that was zoned to Agricultural or EA from R-1 and guaranteed by the City that it could revert to the original zoning. Mr. Turk advised that 99% of the time the record of what that property was zoned in 1963 is lost. The property owner would have to show records of the zoning. What records we have show the property going from EA to A, not an R district. Mr. Turk advised another consideration is that the Smart Growth law requires that by 2010 the Comprehensive Plan must mirror our zoning map. Also the EA district was created due to some tax laws which have now changed, and that district could be eliminated altogether with the farmers still eligible for the program. Mayor noted a policy decision has to be made to determine if engineered COMM 83 systems are “sewer” systems. We could potentially have a density issue. Do we call them sewer systems if they’re privately held? Mr. Turk said the City can make the determination if they are a municipal system, and if private, they would get half the density. Mayor indicated further review of COMM 83 is needed. Mr. Hulbert questioned the unsewered agricultural areas and wishing to maintain larger lots. Mr. Turk said that will be addressed through the next Comprehensive Plan. Anyone wishing to develop Agricultural zoned lands now, must meet the minimum of 120,000 sq. ft. lot, and the Comp Plan says that the City will encourage Country Estate zoning standards, because it has the same density allowances and better control on accessory buildings. By eliminating the R-1, R-2, R-3, there are really only 140 properties that are affected that are currently in unsewered districts and the nonconformity is manageable as current codes allow you to build on a nonconforming lot without penalty. The only lots not built on are in the Racine/Parker area and are approx. 35 acre lots currently in Ag use. As long as we adjust the minimum floor area requirements there are no downsides to the build-out. Ald. Petfalski asked about limiting residential growth and making sure homes are high quality to pay sufficient taxes to cover their costs. Mr. Turk said these proposed changes will not affect that. What would need to be watched would be the next sewer service area amendment. Mr. Hulbert noted at Plan Commission for many years he said there is a direct connection between the sewer pipe and the number of kids entering the school system. He also had a concern about expansion of the sewer service area because there will be a negative impact on the infrastructure of the City specifically schools, fire and police. Mr. Stinebaugh expressed some concern about reducing floor sizes just to force fit some properties, and asked if those properties could be carried as nonconforming but develop some status so if it gets destroyed it could be rebuilt to its original size. Mr. Turk explained there is some case law on grandfathering, and it’s either a black or white issue. It would take a separate zoning district for those properties and we’re trying to get away from that. Mr. Hulbert shared Mr. Stinebaugh’s concern in that although people are generally building larger than 1800 sq. ft. homes now, we can’t predict the future. It also goes to Ald. Petfalski’s comments. Mr. Stinebaugh said maybe in a Committee of the Whole/Plan Commission Joint Meeting Page 3 Minutes of Meeting Held January 9, 2003 deflated future the 1800 sq. ft. homes aren’t the thing either. Mayor indicated the zoning code is intended to reflect the flavor of today – what the community wants, what we aspire to today. It could change radically in the future, and you adjust then. The zoning code was created in 1963 and intended to reflect the flavor of that time. Ald. Petfalski said he doesn’t want to displace a property owner whose home is destroyed and they can’t afford to build it larger to meet the new zoning requirements. Mr. Turk responded that doesn’t have to be decided tonight, but through assessment records and GIS we can look at these 140 properties and see which ones have homes less than 1800 sq. ft. so we can give you a count on nonconformity. In those unsewered districts that would go to a sewered district, how many homes are between 1600 and 1800 sq. ft., and anything below that would be existing nonconforming anyway. Ald. Le Doux didn’t feel that the requirement to add 100-200 ft. to a home if it had to be re-built was significant. Mr. Stinebaugh disagreed on the affect to an elderly person with insurance only to replace what they had originally. Mr. Brodel questioned the nonconforming lots around the lakes with a lot of them undersized and nonconforming homes. Mr. Turk stated that will be a presentation at another time. No facts have been developed, but working on theory and principles with the lakeshore areas. There are a lot of different character areas, but the zoning code treats them all the same. The overlay lakeshore zoning reduces all the lot sizes and setbacks by 30%. We are looking to develop a series of new zoning districts for the lake character areas, with the broad overlay going away. Will be addressing that through no less than three zoning districts. The other thing it does is eliminating some interpretation. The current overlay district is not mapped and applies to navigable bodies of water. It previously has been interpreted that it only applies to “lakes”, and judgment calls need to be made as a channel enters a lake – where does the OLS start? We want to get rid of the ambiguity and having an unmapped zoning district and we want to try to address a lot of those issues that have repeatedly come to Board of Appeals. Ald. Petfalski moved to adjourn at 8:07 PM. Mr. Stinebaugh seconded; motion carried. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer