dane county board of supervisors · a deed restriction shall be recorded on the property that...
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ZLR Committee Work Meeting Agenda Page 1 of 3 March 11, 2014
DANE COUNTY BOARD OF SUPERVISORS
ZONING & LAND REGULATION COMMITTEE
WORK MEETING AGENDA
Date: Tuesday, March 11, 2014 Time: 7:00 P.M.
Location: ROOM 354, City-County Building, 210 MLK Jr. Boulevard, Madison NOTE: If you need an interpreter, translator, materials in alternate formats or other accommodations to access this service, activity or program, please call the phone number below at least three business days prior to the meeting. NOTA: Si necesita un intérprete, un traductor, materiales en formatos alternativos u otros arreglos para acceder a este servicio, actividad o programa, comuníquese al número de teléfono que figura a continuación tres días hábiles como mínimo antes de la reunión. LUS CIM: Yog hais tias koj xav tau ib tug neeg txhais lus, ib tug neeg txhais ntawv, cov ntawv ua lwm hom ntawv los sis lwm cov kev pab kom siv tau cov kev pab, cov kev ua ub no (activity) los sis qhov kev pab cuam, thov hu rau tus xov tooj hauv qab yam tsawg peb hnub ua hauj lwm ua ntej yuav tuaj sib tham. Contact Information: Zoning Office, Planning & Development Department, 266-4266, or WI Relay (711)
ITEMS TO BE CONSIDERED
I. CALL TO ORDER
II. PUBLIC COMMENT
III. APPROVAL OF MINUTES
1. Approval of minutes for the 1/14/2014, 2/11/2014 and 2/25/14 Zoning and Land Regulation Committee meetings
IV. ZONING MAP AMENDMENTS AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE FEBRUARY
25, 2014 PUBLIC HEARING 1. PETITION: REZONE 10635
APPLICANT: DWIGHT J TRUTTMANN LOCATION: 9399 NESS ROAD, SECTION 31, TOWN OF PRIMROSE CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: expansion of existing residential lot
2. PETITION: REZONE 10639 and CUP 02258 APPLICANT: WAUBESA BEACH CLUB LLC LOCATION: 2952 WAUBESA AVENUE, SECTION 5, TOWN OF DUNN CHANGE FROM: B-1 Local Business District TO C-1 Commercial District, R-3 Residence District TO C-1 Commercial District REASON: expansion of existing land uses CUP DESCRIPTION: Tavern, lighted outdoor volleyball, outdoor entertainment
3. PETITION: REZONE 10642 APPLICANT: MONTROSE, TOWN OF LOCATION: VARIOUS SECTIONS, TOWN OF MONTROSE CHANGE FROM: A-1EX Agriculture District TO A-2 (4) Agriculture District and A-3 Agriculture District REASON: allow implementation of the Dane County Farmland Preservation Plan for the Town of Montrose for
ZLR Committee Work Meeting Agenda Page 2 of 3 March 11, 2014
various properties located in the Town of Montrose. For a detailed listing of properties and zoning, visit the following website: http://www.countyofdane.com/plandev/zoning/news.aspx under the title “Town of Montrose Blanket Rezone 10642”, visit the Town of Montrose at 1341 Diane Ave, Belleville, WI, (608) 424-3848 or contact Dane County Zoning Division at (608) 266-4251.
4. PETITION: REZONE 10643 APPLICANT: HELENA CHEMICAL COMPANY LOCATION: 156 COUNTY HIGHWAY N, SECTION 30, TOWN OF ALBION CHANGE FROM: A-1EX Agriculture District TO A-B Ag-Business District and A-4 Agriculture District REASON: expansion of existing business
5. PETITION: REZONE 10647 APPLICANT: DEBRA PETERSEN LOCATION: 3119 GASTON ROAD, SECTION 6, TOWN OF COTTAGE GROVE CHANGE FROM: R-1A Residence District TO R-3A Residence District REASON: zoning compliance for existing duplex
6. PETITION: REZONE 10650 APPLICANT: CHRISTIANA, TOWN OF LOCATION: VARIOUS SECTIONS, TOWN OF CHRISTIANA CHANGE FROM: A-1EX Agriculture District TO RE-1 Recreational District REASON: allow implementation of the Dane County Farmland Preservation Plan for the Town of Christiana for various properties located in the Town of Christiana. For a detailed listing of properties and zoning, visit the following website: http://www.countyofdane.com/plandev/zoning/news.aspx under the title “Town of Christiana Blanket Rezone (Rezone Petition 10650)”, visit the Town of Christiana, 773 Koshkonong Road, Cambridge, WI, (608) 423-3816 or contact Dane County Zoning Division at (608) 266-4251.
7. PETITION: CUP 2260 APPLICANT: CRAZY ACRES INC LOCATION: WEST OF 983 STATE HIGHWAY 73, SECTION 15, TOWN OF ALBION CUP DESCRIPTION: mineral extraction
V. ZONING MAP AMENDMENTS AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS
MEETINGS 1. None.
VI. PLATS AND CERTIFIED SURVEY MAP
1. PRELIMINARY PLATS a. Windswept, Town of Burke, Section 24
(6 lots) (17.6 acres) (Application deadline is 5/05/2014) Acceptance of application and schedule for future consideration pursuant to established committee policy.
2. FINAL PLATS a. Prairie Oaks Second Addition, City of Verona, Section 10
(9 lots) (application deadline 3/16/14) Staff recommends a certification of non-objection.
b. St James Cottage Homes, City of Madison, Section 22 (7 lots) (application deadline 3/23/14) Staff recommends a certification of non-objection.
3. CERTIFIED SURVEY MAPS a. Waiver request for Waubesa Beach Club, LLC, Town of Dunn, Section 5, from Ch. 75.19(6)(b) for proposed lot
2 of a 2-lot Certified Survey Map to have less than 66’ of public road frontage.
b. Properties on Fish Lake, Town of Roxbury, Section 3 (2 lots, 16 acres)
ZLR Committee Work Meeting Agenda Page 3 of 3 March 11, 2014
VII. RESOLUTIONS
1. None.
VIII. ORDINANCE AMENDMENTS
1. None.
IX. OTHER BUSINESS AUTHORIZED BY LAW
1. Report of approved Certified Survey Maps
a. APP # 9560, Carlstrom, Town of Springdale, Section 2 (2 lots, 14.6 acres) b. APP # 9574, Francois, Town of Montrose, Section 22 (2 lots, 20.6 acres) c. APP # 9569, Ziegler, Town of Springfield, Section 34 (2 lots, 7.2 acres) d. APP # 9571, Halverson, Town of Christiana, Section 31 (1 lots, 3.0 acres) e. APP # 9572, Halverson, Town of Christiana, Section 31 (1 lot, 2.0 acres) f. APP # 9508, Alme, Town of Pleasant Springs, Sections 5/6 (4 lots, 5.6 acres) g. APP # 9573, Schmitt Living Tr., Town of Dane, Section 15 (1 lot, 7.3 acres) h. APP # 9557, Mickelson, Town of Black Earth, Section 29 (1 lot, 8.5 acres) i. APP # 9556, Mickelson, Town of Black Earth, Section 29 (3 lots, 37.1 acres) j. APP # 9566, Mickelson, Town of Vermont, Section 15 (1 lot, 34 acres) k. APP # 9565, Rewey, Town of Middleton, Section 31 (2 lots, 10.2 acres)
X. ADJOURN
Supervisor Patrick Miles, Chair, Zoning & Land Regulation Committee AGENDA POSTED: March 6, 2014
ZLR Committee Public Hearing Agenda Page 1 of 3 January 14, 2014
ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors
MINUTES OF THE JANUARY 14, 2014 WORK MEETING MEMBERS PRESENT: Bollig, Hendrick, Kolar, Matano, and Miles. YOUTH IN GOVERNANCE PROGRAM (YGP) MEMBERS PRESENT: Excused: McCarville and Severson. OTHERS PRESENT: Everson, Kodl, Lane, Parry, Violante, Weina, County Supervisor Stubbs, and Town of Madison Administrator Rick Rose.
I. CALL TO ORDER
Chair Miles called the meeting to order at 7:05pm in Room 351 of the City-County Building. II. PUBLIC COMMENT
No comments made by the public.
III. APPROVAL OF MINUTES 1. Motion by Matano / Bollig to approve the minutes for the 11/12/2013, 11/26/2013, 12/05/2013, and
12/17/2013 Zoning and Land Regulation Committee meetings; motion carried, 5-0. IV. ZONING MAP AMENDMENTS AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE
DECEMBER 17, 2013 PUBLIC HEARING
1. PETITION: REZONE 10617 APPLICANT: STEVEN G NAMPEL LOCATION: NORTH OF 4758 JACOBS ROAD, SECTION 36, TOWN OF MEDINA CHANGE FROM: A-1EX Agriculture District TO A-2 (1) Agriculture District REASON: creation of one residential lot
TOWN: Approved with condition
Motion by Hendrick / Matano to recommend denial of the petition; motion carried, 5 -0. Findings: The proposal conflicts with the Town of Medina Comprehensive Plan policies regarding resource protection areas. The development is located in an area with slopes exceeding 12% grade.
V. ZONING MAP AMENDMENTS AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS
MEETINGS 1. PETITION: REZONE 10605
APPLICANT: DEBORA SCHWEISS LOCATION: 5610 REINER ROAD, SECTION 13, TOWN OF BURKE CHANGE FROM: A-1 Agriculture District TO C-2 Commercial District REASON: allow auto sales
TOWN: Approved with conditions Motion by Hendrick / Matano to recommend approval with conditions; motion carried, 5-0. 1. A deed restriction shall be recorded on the property that limits the land uses in the C-2 Commercial Zoning
District to: major repairs; sale, rental or leasing of new and used motor vehicles; and office uses. The deed
ZLR Committee Public Hearing Agenda Page 2 of 3 January 14, 2014
restriction shall contain the following additional limitations: No additional outdoor lighting shall be installed on the property. Owners may install the minimum signage necessary to meet DOT requirements for the sales of motor vehicles. There shall be no outdoor storage of inventory vehicles or equipment. The building may not be increased, expanded, or enlarged. Future access from Emerson Street is prohibited. The owner shall maintain an auto dealer’s license issued by Wisconsin DOT. If the owner fails to renew the license, the owner of the property is required to submit a zoning map amendment with Dane County to change the C-2 Commercial zoning on the property back to A-1 Agriculture.
2. PETITION: REZONE 10616
APPLICANT: JAD LAND DEVELOPMENT LLC LOCATION: SECTION 24, TOWN OF BURKE CHANGE FROM: A-1 Agriculture District TO C-2 Commercial District and A-B Ag-Business District TO C-2 Commercial District REASON: creation of commercial subdivision (as previously approved under Rezone 10295)
TOWN: Approved with conditions Motion by Hendrick / Matano to recommend approval with conditions, motion carried, 5-0.
1. The petitioner shall record a condominium removal document for the entire JAD Condominium Plat. The
petitioner shall also remove the recorded storm water maintenance plan as note under Register of Deeds document #3760938.
2. A subdivision plat, pursuant to Wisconsin Statutes 236, shall be recorded with the Dane County Register
of Deeds that defines the proposed lots as shown on the concept plan within 2 years. 3. The proposed “Maly Road” shall be dedicated to the public for road right-of-way. The road right-of-way
shall extend from the eastern right-of-way line of Reiner Road to the north property line as depicted on the concept plan.
4. Lots 1 through 8 shall be deed restricted to limit the land uses to: Major repairs to motor vehicles
inside buildings - Parking and storing of motor vehicles - Warehouses - Mini-warehouses - Medical, dental and veterinary clinics - Banks, offices, office buildings and condominium office buildings - Woodworking shops - Machine shops – Manufacturing and assembly plants – Rental businesses, except for motor vehicles and construction machinery/equipment - Distribution centers - Wholesale businesses – Warehousing and inside storage incidental to a permitted use - Indoor storage – Incidental indoor maintenance – Incidental parking for employees. Retail establishments and drive – in establishments are prohibited. All work performed and storage of materials shall be inside of a building. Conditional Uses that may be permitted are: Residence for a watchman or caretaker - Communication towers - Governmental uses - Agricultural uses.
5. Lot 10 shall be deed restricted to limit the land uses to: Retail sales limited to automotive parts
and accessories - Major repairs to motor vehicles inside buildings - Warehouses - Mini-warehouses - Medical, dental and veterinary clinics - Banks, offices, office buildings and condominium office buildings - Woodworking shops - Machine shops - Manufacturing and assembly plants - Rental businesses, except for motor vehicles and construction machinery/equipment - Distribution centers - Wholesale businesses – Warehousing and inside storage incidental to a permitted use - Indoor storage – Incidental indoor maintenance – Incidental parking for employees. Conditional Uses that may be permitted are: Residence for a watchman or caretaker - Communication towers - Governmental uses - Agricultural uses.
6. All property zoned C-2 within the subdivision plat shall be deed restricted to prohibit billboard signs. VI. PLATS AND CERTIFIED SURVEY MAP
1. PRELIMINARY PLATS None
ZLR Committee Public Hearing Agenda Page 3 of 3 January 14, 2014
2. FINAL PLATS a. Kettle Park West – Commercial Center, City of Stoughton, Section 5
(8 lots) (application deadline 1/23/14) Staff recommends a certification of non-objection. Motion by Hendrick / Bollig to certify the plat as non-objectionable with respect to the provisions of S.236.12(2)(b), Wisconsin Statutes; motion carried, 5-0.
3. CERTIFIED SURVEY MAPS a. Andrew Blas, Town of Verona, Section 36
(2 lots, 8.9 acres) Motion by Matano / Kolar to deny the proposed 2-lot Certified Survey Map due to conflicts noted by the City of Fitchburg under their jurisdictional extra-territorial review; motion carried, 5-0.
VII. RESOLUTIONS 1. RESOLUTION 237, 2013-2014 – Contract for Fly Dane 2014 Digital Orthophotography Project
Motion by Matano / Hendrick to recommend approval of Resolution 237 with Substitute 1, motion carried, 5-0. VIII. ORDINANCE AMENDMENTS
None. IX. OTHER BUSINESS AUTHORIZED BY LAW
1. Review concept plan for a proposed Planned Unit Development (PUD) located at the 2500 block of Rimrock Road,
Section 36, Town of Madison. The proposal is for a four-story building with retail space on the first floor and approximately 43 residential rental units on floors two through four. Adam Winkler, Alexander Company, explained the proposal to the Committee. County Supervisor Shelia Stubbs, stated that this area has been identified as revitalization area by HUD. The area is in need of a grocery store. The neighborhood should be informed of all development happening in the area through informational meetings. County Planner Olivia Parry stated that this area was part of the South Madison Food Enterprise Study. The study determined that the area was in need of neighborhood services. It was the consensus of the ZLR Committee that a Planned Unit Development was warranted for the 2500 block of Rimrock Road, Section 36, Town of Madison. The developer may proceed with the planned unit development process.
2. Report of approved Certified Survey Maps a. APP # 9545, St. Louis Properties, Town of Mazomanie, Section 15 (2 lots, 23.8 acres) b. APP # 9558, Halblieb, Town of Oregon, Section 34/35 (1 lot, 6.3 acres) c. APP # 9553, Simpson, Town of Dunn, Section 17 (1 lot, 5.1 acres) d. APP # 9543, Trotter, Town of Westport, Section 21 (1 lot, 0.62 acres) e. APP # 9555, Breunig, Town of Dane, Section 9 (2 lots, 21.88 acres) f. APP # 9564, Larson, Town of Cottage Grove, Section 15 (1 lot, 1.90 acres)
X. ADJOURN
Motion by Bollig / Hendrick to adjourn the meeting at 8:01pm; motion carried, 5-0.
Roger Lane, Recording Secretary Minutes filed with the County Clerk 0/15/14 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.
ZLR Committee meeting minutes Page 1 of 3 February 11, 2014
ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors
MINUTES OF THE FEBRUARY 11, 2014 WORK MEETING MEMBERS PRESENT: Hendrick, Kolar, Matano, and Miles. Bollig excused. YOUTH IN GOVERNANCE PROGRAM (YGP) MEMBERS PRESENT: Severson. OTHERS PRESENT: Allan, Everson, Violante, members of the public
I. CALL TO ORDER
Chair Miles called the meeting to order at 7:04 PM in Room 351 of the City-County Building. II. PUBLIC COMMENT
No comments made by the public.
III. APPROVAL OF MINUTES
1. Motion by Matano / Hendrick to approve the minutes for the 1/14/2014 Zoning and Land Regulation Committee meeting; motion carried, 4-0. YGP: 1-0.
IV. ZONING MAP AMENDMENTS AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS
MEETINGS
1. PETITION: REZONE 10603 APPLICANT: DENNIS R KIRCH LOCATION: 6612 SHOWER ROAD, SECTION 36, TOWN OF MAZOMANIE CHANGE FROM: A-1EX Agriculture District TO A-2 Agriculture District REASON: zoning compliance for structures TOWN: Approved with no conditions
Motion by Hendrick / Matano to recommend approval of the petition subject to the following conditions; motion carried, 4-0. YGP: 1-0 1. Require that the resource protection corridor be depicted on the Certified Survey Map.
2. PETITION: REZONE 10617 APPLICANT: STEVEN G NAMPEL LOCATION: NORTH OF 4758 JACOBS ROAD, SECTION 36, TOWN OF MEDINA CHANGE FROM: A-1EX Agriculture District TO A-2 (1) Agriculture District REASON: creation of one residential lot
TOWN: Approved with condition
Motion by Hendrick / Matano to recommend approval of the petition subject to the following amendment and conditions; motion carried, 4-0. YGP: 1-0 1. Amend the proposed A-2(1) zoning district boundary as shown on the preliminary Certified Survey Map dated
2/11/14.
2. Residential development shall be located within the building envelope as delineated on the preliminary Certified Survey Map dated 2/11/14.
ZLR Committee meeting minutes Page 2 of 3 February 11, 2014
3. The resource protection corridor associated with slopes exceeding 12% grade, and proposed building
envelope area, shall be shown on the Certified Survey Map for the proposed A-2(1) parcel.
4. Deed restrict the remaining acreage owned by the applicant to prohibit residential development. V. PLATS AND CERTIFIED SURVEY MAP
1. PRELIMINARY PLATS 2. FINAL PLATS a. First Addition to the Uplands, City of Sun Prairie, Section 9
(9 lots) (application deadline 2/06/14) Staff recommends a certification of non-objection.
Motion by Hendrick / Matano to certify the plat as non-objectionable with respect to the provisions of S.236.12(2)(b), Wisconsin Statutes; motion carried, 4-0. YGP: 1-0.
b. Birchwood Point, City of Madison, Section 28/29
(242 lots) (application deadline 2/23/14) Staff recommends a certification of non-objection.
Motion by Matano / Hendrick to certify the plat as non-objectionable with respect to the provisions of S.236.12(2)(b), Wisconsin Statutes; motion carried, 4-0. YGP: 1-0.
3. CERTIFIED SURVEY MAPS a. Properties on Fish Lake, Town of Roxbury, Section 3
(2 lots, 16 acres)
Motion by Matano / Hendrick to postpone; motion carried, 4-0. YGP: 1-0.
b. Louise Foster, Town of Blooming Grove, Section 2 (2 lots, 4.9 acres) Waiver request for from Ch. 75.19(6)(b) for proposed lot 1 of a proposed 2-lot Certified Survey Map to maintain less than the minimum frontage of 66’ to facilitate the possible development of a public right-of-way that could service additional lots.
Motion by Hendrick / Miles to approve the waiver request to allow a lot 1 to maintain less than 66-feet; motion carried, 4-0. YGP: 1-0.
Finding of fact: Proposed lot 1 has a unique configuration that was not created by the landowner and the fact that the parcel to the north has it’s own access off of Sprecher Rd.
VI. RESOLUTIONS
None. VII. ORDINANCE AMENDMENTS
None.
VIII. OTHER BUSINESS AUTHORIZED BY LAW
1. Request for an extension of the expiration of Zoning Petition 10517 for Orlin Groven, 339 Hillside Road, Section 25, Town of Albion. A public hearing of the petition was held on February 26, 2013.
Motion by Matano / Kolar to keep rezoning petition #10517 active for one (1) year; motion carried, 4-0. YGP: 1-0.
ZLR Committee meeting minutes Page 3 of 3 February 11, 2014
2. Report of approved Certified Survey Maps
a. APP # 9555, Breunig, Town of Dane, Section 9 (2 lots, 21.8 acres) b. APP # 9548, Pederson, Town of Windsor, Section 24 (1 lot, 5.0 acres) c. APP # 9549, Jones, Town of Blue Mounds, Section 34 (1 lot, 20.4 acres) d. APP # 9547, Schumann, Town of Windsor, Section 26 (2 lots, 15.9 acres) e. APP # 9532, Magnuson, Town of Springdale, Section 16 (1 lot, 6.8 acres) f. APP # 9559, Huston, Town of Oregon, Section 34/34 (1 lot, 13.21 acres) g. APP # 9562, Ayers, Town of Black Earth, Section 33 (2 lots, 6.07 acres)
IX. ADJOURN
Motion by Matano / Hendrick to adjourn the meeting at 7:40 pm; motion carried, 4-0. YGP: 1-0.
Majid Allan, Recording Secretary Minutes filed with the County Clerk 2/12/14 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.
ZLR Committee Public Hearing Agenda Page 1 of 11 February 25, 2014
ZONING & LAND REGULATION COMMITTEE
Dane County Board of Supervisors
MINUTES OF THE FEBRUARY 25, 2014 PUBLIC HEARING MEMBERS PRESENT: Bollig, Hendrick, Kolar, Miles, and Matano. YOUTH IN GOVERNANCE PROGRAM (YGP) MEMBERS PRESENT: McCarville and Severson. OTHERS PRESENT: Allan, Everson, Lane, Violante, and Members of the Public.
I. CALL TO ORDER
Chair Miles called the meeting to order at 7:05pm in Room 354 of the City-County Building. II. PUBLIC COMMENT
No comments made by the public. III. PUBLIC HEARING FOR ZONING MAP AMENDMENTS, CONDITIONAL USE PERMIT APPLICATIONS,
RESOLUTIONS, AND ORDINANCE AMENDMENTS
1. PETITION: REZONE 10626 APPLICANT: MICHAEL A ZAUNER LOCATION: 5769 HAUSER ROAD, SECTION 28, TOWN OF VIENNA CHANGE FROM: A-1EX Agriculture District TO A-2 Agriculture District, A-1EX Agriculture District TO A-4 Agriculture District REASON: separation of the prairie lands from the farmland IN FAVOR: Mark Martin representing The Prairie Enthusiasts OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions
Motion by Hendrick / Matano to recommend approval; motion carried, 5-0. YGP: 2-0.
2. PETITION: REZONE 10627 APPLICANT: GARY H ZIEGLER LOCATION: 5048 THORSON ROAD AND SOUTH OF 5028 THORSON ROAD, SECTION 30, TOWN OF SUN PRAIRIE CHANGE FROM: A-1EX Agriculture District TO A-2 Agriculture District, A-1EX Agriculture District TO R-1 Residence District REASON: zoning compliance for structures IN FAVOR: Dan Paulson, Paulson Associates, representing Gary Ziegler OPPOSED: None STAFF: P&D, HWY TOWN: Pending
Motion by Hendrick / Matano to recommend approval; motion carried, 5-0. YGP: 2-0.
3. PETITION: REZONE 10628 APPLICANT: RONALD MEINHOLZ LOCATION: EAST OF 7472 COUNTY HIGHWAY K, SECTION 29, TOWN OF SPRINGFIELD CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: creating on one residential lot
ZLR Committee Public Hearing Agenda Page 2 of 11 February 25, 2014
IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Hendrick / Matano to recommend approval; motion carried, 5-0. YGP: 2-0.
4. PETITION: REZONE 10629 and CUP 02255 APPLICANT: TIMOTHY J FOULKER LOCATION: 6538 SCHUMACHER ROAD, SECTION 33, TOWN OF VIENNA CHANGE FROM: RH-2 Rural Homes District TO LC-1 Limited Commercial Dist REASON: rezone to allow landscape business CUP DESCRIPTION: residence for business owner IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Zoning: Approved with no conditions CUP: Approved with no conditions Motion by Hendrick / Matano to recommend approval of Zoning Petition #10629; motion carried, 5-0. YGP: 2-0. Motion by Hendrick / Matano to approve Conditional Use Permit #2255 with 7 conditions and contingent upon Zoning Petition #10629 becoming effective; motion carried, 5 -0. YGP: 2-0. 1. The single-family residence may only be occupied by the business owner or caretaker. 2. Hours of operation shall be from 6 am to 6 pm, Monday through Saturday. 3. Up to 50 vehicles may be stored outside along the east property line or as noted on the attached site plan.
The vehicles and/or equipment shall be arranged in a neat and orderly fashion. 4. Outdoor storage of landscape materials shall be permitted as shown on the attached site plan. Material
shall be kept in a neat and orderly fashion. 5. Sanitary facilities are permitted in outbuilding. 6. There shall be no retail sales of landscaping materials. 7. The conditional use permit shall automatically expire on sale of the property or the business to an unrelated
third party.
5. PETITION: REZONE 10630 APPLICANT: SHARON T EDWARDS LOCATION: 7226 PINE ROW ROAD, SECTION 28, TOWN OF VERONA CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District, A-2 Agriculture District TO RH-2 Rural Homes District, A-2 Agriculture District TO A-2 (8) Agriculture District REASON: expansion of existing residential lot IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Hendrick to recommend approval; motion carried, 5-0. YGP: 2-0.
6. PETITION: REZONE 10631 APPLICANT: F LOUISE FOSTER LOCATION: 4565 SPRECHER ROAD, SECTION 2, TOWN OF BLOOMING GROVE CHANGE FROM: A-1EX Agriculture District TO A-2 (4) Agriculture District, A-1EX Agriculture District TO R-1 Residence District REASON: creating one residential lot IN FAVOR: Greg Foster OPPOSED: None STAFF: P&D, HWY
ZLR Committee Public Hearing Agenda Page 3 of 11 February 25, 2014
TOWN: Approved with no conditions Motion by Matano / Hendrick to recommend approval; motion carried, 5-0. YGP: 2-0.
7. PETITION: REZONE 10632 APPLICANT: MITCHELL A SIGMUND LOCATION: 5582 SHEIL DRIVE, SECTION 16, TOWN OF OREGON CHANGE FROM: R-1 Residence District TO R-3 Residence District REASON: obtain a less restrictive rear yard setback
IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Hendrick to recommend approval; motion carried, 5-0. YGP: 2-0.
8. PETITION: REZONE 10633
APPLICANT: KLM GROVE HOLDINGS LLC LOCATION: NORTH OF 4713 COUNTY HIGHWAY N, SECTION 4, TOWN OF COTTAGE GROVE CHANGE FROM: A-1EX Agriculture District TO A-4 Agriculture District REASON: compliance for existing land uses IN FAVOR: Kevin Lord representing the Village of Cottage Grove OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Hendrick to recommend approval with amendment; motion carried, 5-0. YGP: 2-0. 1. The zoning district shall be amended to the A-2(8) Agriculture Zoning District. 2. A deed restriction shall be placed on the A-2(8) parcel to prohibit residential development.
9. PETITION: REZONE 10634 APPLICANT: DENNIS D SHERVEN LOCATION: 689 STATE HIGHWAY 78, SECTION 20, TOWN OF PERRY CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District REASON: separation of existing residence from farmland IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Hendrick / Matano to recommend approval with condition; motion carried, 5-0. YGP: 2-0. 1. A deed restriction shall be placed on the property to prohibit further development on any slopes that are greater
than 20% grade.
10. PETITION: REZONE 10635 APPLICANT: DWIGHT J TRUTTMANN LOCATION: 9399 NESS ROAD, SECTION 31, TOWN OF PRIMROSE CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: expansion of existing residential lot IN FAVOR: Todd Hasse, Hasse Surveying, representing Dwight Truttmann OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions.
ZLR Committee Public Hearing Agenda Page 4 of 11 February 25, 2014
Motion by Kolar / Hendrick to postpone until Town action is received; motion carried, 5-0. YGP: 2-0.
11. PETITION: REZONE 10636 and CUP 02257 APPLICANT: CRESS SPRING FARM INC LOCATION: 4035 RYAN ROAD, SECTION 18, TOWN OF VERMONT CHANGE FROM: C-1 Commercial District TO C-1 Commercial District REASON: amend deed restrictions to allow take-out pizza restaurant CUP DESCRIPTION: allow the sale of beer and wine IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions. Motion by Bollig / Kolar to recommend approval of Zoning Petition #10636 with condition; motion carried, 5-0. YGP: 2-0. 1. The deed restriction on the property shall be amended to read: “The C-1 Commercial Zoning boundary shall be
limited to a bakery. In addition to operating a food processing plant, the bakery may operate as a take-out restaurant, with no indoor seating provided.”
Motion by Bollig / Kolar to approve Conditional Use Permit #2257 with 5 conditions and contingent upon Zoning Petition #10636 becoming effective; motion carried, 5-0. YGP: 2-0. 1. The tavern shall be operated seasonally in concert with the take-out pizza operation. 2. The tavern shall be operated in accordance with the Class B liquor license issued by the town. 3. Only outdoor seating shall be provided to patrons. 4. Appropriate sanitary facilities shall be provided. 5. The conditional use permit shall automatically expire on sale of the property or the business to an unrelated
third party.
12. PETITION: REZONE 10637 APPLICANT: DUANE A IVERSON LOCATION: W OF 1159 STATE HIGHWAY 78, SECTION 8, TOWN OF PERRY CHANGE FROM: A-1EX Agriculture District TO A-2 (2) Agriculture District REASON: creating on one residential lot IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with amendment Motion by Kolar / Hendrick to recommend approval with amendment; motion carried, 5-0. YGP: 2-0. 1. The zoning district shall be amended to the RH-1 Rural Homes Zoning District.
13. PETITION: REZONE 10638 APPLICANT: GERALD SCOTT POLSTER LOCATION: SOUTH OF 616 COUNTY HIGHWAY B, SECTION 27, TOWN OF CHRISTIANA CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District, A-1EX Agriculture District TO A-4 Agriculture District REASON: creating two residential lots and two small agriculture lots IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions
ZLR Committee Public Hearing Agenda Page 5 of 11 February 25, 2014
Motion by Kolar / Hendrick to recommend approval with condition and amendment; motion carried, 5-0. YGP: 2-0. 1. A notice document and deed restriction shall be placed on the affect lots to identify a transfer of one housing
density right has occurred as part of the Zoning Petition. 2. The easterly A-4 lot shall be increase to 12 acres in size.
14. PETITION: REZONE 10639 and CUP 02258 APPLICANT: WAUBESA BEACH CLUB LLC LOCATION: 2952 WAUBESA AVENUE, SECTION 5, TOWN OF DUNN CHANGE FROM: B-1 Local Business District TO C-1 Commercial District, R-3 Residence District TO C-1 Commercial District REASON: expansion of existing land uses CUP DESCRIPTION: Tavern, lighted outdoor volleyball, outdoor entertainment IN FAVOR: Attorney Matt Fleming representing Waubesa Beach Club OPPOSED: Attorney Robert Proctor representing Bruce Lindsay. Bruce Lindsay stated that the expansion will diminish his property value and create additional noise. STAFF: P&D, HWY TOWN: Approved with conditions Motion by Hendrick / Matano to postpone action on Rezone #10639 and CUP #2258; motion carried, 5-0. YGP: 2-0.
15. PETITION: REZONE 10640 APPLICANT: ROBERT RIEGE LOCATION: SOUTH OF 3811 RIEGE LANE, SECTION 23, TOWN OF DEERFIELD CHANGE FROM: A-2 (2) Agriculture District TO A-1EX Agriculture District, A-1EX Agriculture District TO A-2 (2) Agriculture District REASON: reconfigure existing residential lots to remove public road frontage IN FAVOR: David Dinkel representing Robert Riege OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Hendrick / Matano to recommend approval with condition; motion carried, 5-0. YGP: 2-0. 1. A shared driveway easement agreement shall be recorded with that meets the provisions of Dane County
Code of Ordinances, Section 75.19(8).
16. PETITION: REZONE 10642 APPLICANT: MONTROSE, TOWN OF LOCATION: VARIOUS SECTIONS, TOWN OF MONTROSE CHANGE FROM: A-1EX Agriculture District TO A-2 (4) Agriculture District and A-3 Agriculture District REASON: allow implementation of the Dane County Farmland Preservation Plan for the Town of Montrose for various properties located in the Town of Montrose. For a detailed listing of properties and zoning, visit the following website: http://www.countyofdane.com/plandev/zoning/news.aspx under the title “Town of Montrose Blanket Rezone 10642”, visit the Town of Montrose at 1341 Diane Ave, Belleville, WI, (608) 424-3848 or contact Dane County Zoning Division at (608) 266-4251. IN FAVOR: None OPPOSED: None STAFF: P&D TOWN: Pending Motion by Kolar / Bollig to postpone until town action is received; motion carried, 5-0. YGP: 2-0.
ZLR Committee Public Hearing Agenda Page 6 of 11 February 25, 2014
17. PETITION: REZONE 10645
APPLICANT: PLEASANT SPRINGS, TOWN OF LOCATION: VARIOUS SECTIONS, TOWN OF PLEASANT SPRINGS CHANGE FROM: A-1EX Agriculture District TO CO-1 Conservancy District REASON: allow implementation of the Dane County Farmland Preservation Plan for the Town of Pleasant Springs for various properties located in the Town of Pleasant Springs. For a detailed listing of properties and zoning, visit the following website: http://www.countyofdane.com/plandev/zoning/news.aspx under the title “Town of Pleasant Springs Blanket Rezone 10645”, visit the Town of Pleasant Springs, 2354 County Road N, Stoughton, WI, (608) 873-3063 or contact Dane County Zoning Division at (608) 266-4251 IN FAVOR: None OPPOSED: None STAFF: P&D TOWN: Approved Motion by Kolar / Bollig to recommend approval; motion carried, 5-0. YGP: 2-0.
18. PETITION: REZONE 10650 APPLICANT: CHRISTIANA, TOWN OF LOCATION: VARIOUS SECTIONS, TOWN OF CHRISTIANA CHANGE FROM: A-1EX Agriculture District TO RE-1 Recreational District REASON: allow implementation of the Dane County Farmland Preservation Plan for the Town of Christiana for various properties located in the Town of Christiana. For a detailed listing of properties and zoning, visit the following website: http://www.countyofdane.com/plandev/zoning/news.aspx under the title “Town of Christiana Blanket Rezone (Rezone Petition 10650)”, visit the Town of Christiana, 773 Koshkonong Road, Cambridge, WI, (608) 423-3816 or contact Dane County Zoning Division at (608) 266-4251. IN FAVOR: None OPPOSED: None STAFF: P&D TOWN: Pending Motion by Hendrick / Kolar to postpone until town action is received; motion carried, 5-0. YGP: 2-0.
19. PETITION: CUP 2256 APPLICANT: AMY L JESTER LOCATION: 8403 COUNTY HIGHWAY PD, SECTION 11, TOWN OF SPRINGDALE CUP DESCRIPTION: use existing accessory building for a photography studio IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Kolar / Hendrick to postpone until town action is received; motion carried, 5-0. YGP: 2-0.
20. PETITION: CUP 2259 APPLICANT: WESLEY A STATZ LOCATION: 5768 COUNTY HIGHWAY VV, SECTION 14, TOWN OF SUN PRAIRIE CUP DESCRIPTION: farm residence in the agriculture district IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Kolar to approve Conditional Use Permit #2259 with 2 conditions; motion carried, 5-0. YGP: 2-0.
ZLR Committee Public Hearing Agenda Page 7 of 11 February 25, 2014
1. A deed notice shall be recorded with the Dane County Register of Deeds indicating that any violation of the
provisions of section 10.123(4), regarding farm residences in the A-1EX district, will result in revocation of this conditional use permit and require that a certified survey map be approved and appropriate zoning be acquired. The deed notice shall be recorded within 90 days of the effective date of approval.
2. The Conditional Use permit shall expire upon sale of the property to an unrelated 3rd party.
21. ORD. AMEND. 26, 2013-2014: Amending Chapter 10 of the Dane County Code of Ordinances, Regarding Abandoned Nonconforming Mineral Extraction Sites IN FAVOR: Cathy Hasslinger, Town of Dunn OPPOSED: Tim Geoghegan, Yahara Materials; Larry Burcalow, Yahara Materials; Renee Burcalow, Yahara Materials NUETRAL: Phil Salkin, Realtors Association of South Central Wisconsin, stated that a work group should be formed to find a common ground regarding the non-conforming site issue. STAFF: P&D TOWN: Approved with no conditions Chair Miles stated that all land owners affected by the ordinance amendment should be notified of the change and an additional public hearing held to gain additional input from the public. Motion by Kolar / Bollig to postpone action until the March 25th meeting to obtain additional input; motion carried, 5-0. YGP: 2-0.
22. ORD. AMEND. 27, 2013-2014: Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Burke Comprehensive Plan into the Dane County Comprehensive Plan.
IN FAVOR: Mark Sauer, Meade and Hunt, representing the Town of Burke OPPOSED: None STAFF: P&D TOWN: Approved with no conditions. Motion by Hendrick / Matano directing staff to develop a substitute amendment to OA 27 that includes the following language to be added to the town of Burke chapter of the comprehensive plan addendum, and to recommend board approval of the substitute amendment; motion carried, 5-0. YGP: 2-0.
Language to be included in the town of Burke chapter of the comprehensive plan addendum: “The County Board acknowledges that the Final Town of Burke, Village of DeForest, City of Sun Prairie, and City of Madison Cooperative Plan (adopted 1/5/2007) grants broad oversight authority to DeForest, Madison, and Sun Prairie over “development” activities (as that term is defined in the cooperative plan) that occur in their respective “boundary adjustment areas” within the town of Burke. The County Board shall strive to implement the Town of Burke Comprehensive Plan component of the Dane County Comprehensive Plan in a manner that respects the decision making framework agreed to by the parties as detailed in the terms of the cooperative plan.”
23. PETITION: REZONE 10641
APPLICANT: ANTHONY R SCHMITT LOCATION: 7023 LAVINA ROAD, SECTION 34, TOWN OF DANE CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District REASON: creation of one residential lot IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Kolar / Hendrick to recommend approval; motion carried, 5-0. YGP: 2-0.
ZLR Committee Public Hearing Agenda Page 8 of 11 February 25, 2014
24. PETITION: REZONE 10643
APPLICANT: HELENA CHEMICAL COMPANY LOCATION: 156 COUNTY HIGHWAY N, SECTION 30, TOWN OF ALBION CHANGE FROM: A-1EX Agriculture District TO A-B Ag-Business District and A-4 Agriculture District REASON: expansion of existing business IN FAVOR: Jim Sutter representing Henena Chemical Company OPPOSED: Karen Greenler stated that she would like to see the zoning boundary kept as small as possible, no gate installed, and Helena Chemical to honor the landscaping plan as approved in 2003. STAFF: P&D, HWY TOWN: Approved with 26 conditions Motion by Kolar / Bollig to postpone until the March 11th meeting; motion carried, 5-0. YGP: 2-0.
25. PETITION: REZONE 10644 APPLICANT: SCOTT T BJORGE LOCATION: SOUTH OF 2090 E BLUE MOUNDS ROAD, SECTION 26, TOWN OF BLUE MOUNDS CHANGE FROM: A-2 (1) Agriculture District TO A-2 (8) Agriculture District and A-1EX Agriculture District TO A-2 (8) Agriculture District REASON: adding lands onto existing residential lot IN FAVOR: Joen Meylor representing Bjorge OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Kolar / Bollig to recommend approval with condition; motion carried, 5-0. YGP: 2-0. 1. A note shall be added to the CSM which states, “Building envelope is restricted to the boundary of Lot 1 of
CSM #13289”.
26. PETITION: REZONE 10646 APPLICANT: TOWN OF VIENNA LOCATION: VARIOUS SECTIONS IN THE TOWN OF VIENNA CHANGE FROM: A-1EX Agriculture District TO VARIOUS ZONING DISTRICTS REASON: allow implementation of the Dane County Farmland Preservation Plan for the Town of Vienna on various properties located in the Town of Vienna. For a detailed listing of properties and zoning, visit the following website: http://www.countyofdane.com/plandev/zoning/news.aspx under the title “Town of Vienna Blanket Rezone (Rezone Petition 10646)”, visit the Town of Vienna at 7161 County Highway I, Deforest WI, 53532, (608) 846-3800 or contact Dane County Zoning Division at (608) 266-4266. IN FAVOR: None OPPOSED: None STAFF: P&D TOWN: Approved with no conditions Motion by Hendrick / Bollig to recommend approval; motion carried, 5-0. YGP: 2-0.
27. PETITION: REZONE 10647 APPLICANT: DEBRA PETERSEN LOCATION: 3119 GASTON ROAD, SECTION 6, TOWN OF COTTAGE GROVE CHANGE FROM: R-1A Residence District TO R-3A Residence District REASON: zoning compliance for existing duplex IN FAVOR: Petitioner OPPOSED:None STAFF: P&D, HWY TOWN: Pending
ZLR Committee Public Hearing Agenda Page 9 of 11 February 25, 2014
Motion by Hendrick / Bollig to postpone until Town action is received; motion carried, 5-0. YGP: 2-0.
28. PETITION: REZONE 10648 APPLICANT: PETER L DUNN LOCATION: 4237 STATE HIGHWAY 138 & WEST OF, SECTION 8, TOWN OF RUTLAND CHANGE FROM: A-2 Agriculture District TO A-2 (8) Agriculture District REASON: adjustment of lot lines between two residential lots IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Hendrick / Bollig to recommend approval with condition; motion carried, 5-0. YGP: 2-0. 1. Building location and driveway shall be approved by Town Board prior to installation.
29. PETITION: REZONE 10649 APPLICANT: WINDSOR GOLF VENTURES INC LOCATION: 4628 GOLF DRIVE, SECTION 30, TOWN OF WINDSOR CHANGE FROM: RE-1 Recreational District TO R-1 Residence District and R-3A Residence District; A-1EX Agriculture District TO R-1 Residence District REASON: creation of thirteen residential lots IN FAVOR: Tim Gotzion representing Windsor Golf Ventures OPPOSED: None STAFF: P&D, HWY TOWN: Pending Supervisor Hendrick expressed concerns regarding the proposed development being located in an area identified as hydric soils. Motion by Kolar / Hendrick to postpone until Town action is received; motion carried, 5-0. YGP: 2-0.
30. PETITION: REZONE 10651 APPLICANT: DENNIS W MANDT LOCATION: 1191 LIBERTY ROAD, SECTION 29, TOWN OF DEERFIELD CHANGE FROM: RH-2 Rural Homes District TO A-1EX Agriculture District REASON: zoning compliance for use (mineral extraction); reduce size of residential lot to allow mineral extraction IN FAVOR: Jon Halverson representing Dennis Mandt OPPOSED: None STAFF: P&D, HWY TOWN: Pending Motion by Hendrick / Kolar to postpone until Town action is received; motion carried, 5-0. YGP: 2-0.
31. PETITION: CUP 2260 APPLICANT: CRAZY ACRES INC LOCATION: WEST OF 983 STATE HIGHWAY 73, SECTION 15, TOWN OF ALBION CUP DESCRIPTION: mineral extraction IN FAVOR: Tim Geoghegan representing Yahara Materials OPPOSED: Rhonda Rosenbaum representing Tim Zick; Dean Johnson; Pat Tesser. The adjacent landowners expressed concerns for depreciation of property values, noise, dust, and affect the potential sale of their property. STAFF: P&D, HWY TOWN: Approved with 10-year expiration
ZLR Committee Public Hearing Agenda Page 10 of 11 February 25, 2014
Motion by Hendrick / Bollig to postpone until the March 11th meeting; motion carried, 5-0. YGP:2-0.
32. PETITION: CUP 2261 APPLICANT: JOEL E HOUGAN LOCATION: 2630 COUNTY HIGHWAY N, SECTION 16, TOWN OF PLEASANT SPRINGS CUP DESCRIPTION: mineral extraction IN FAVOR: Jon Halverson OPPOSED: None STAFF: P&D TOWN: Pending Motion by Hendrick / Bollig to postpone until Town action is received; motion carried, 5-0. YGP: 2-0.
33. PETITION: CUP 2262 APPLICANT: OAK PARK QUARRY LLC LOCATION: 3522 OAK PARK ROAD, SECTION 29, TOWN OF DEERFIELD CUP DESCRIPTION: mineral extraction
IN FAVOR: Jon Halverson OPPOSED: Brian Berninger, Ken Frjelich, and Martha Berninger. The adjacent land owners expressed concerns for depreciation of property values, having limitations on blasting, having limitation on hours of operation, having limitations on depth of excavation, and also expressed concerns for the existing church located nearby. STAFF: P&D, HWY TOWN: Pending The State Historic Society sent a letter identifying that there are Indian burial mounds on the northeast corner of the property. Motion by Bollig / Hendrick to postpone until Town action is received; motion carried, 5-0. YGP: 2-0.
IV. AGENDA ITEMS FROM PREVIOUS MEETINGS
1. None. V. PLATS AND CERTIFIED SURVEY MAP
1. PRELIMINARY PLATS None
2. FINAL PLATS a. Vroman Family Farm, City of Fitchburg, Section 17/20
(5 lots) (application deadline 2/26/14) Staff recommends a certification of non-objection. Motion by Hendrick / Bollig to certify the plat as non-objectionable with respect to the provisions of S.236.12(2)(b), Wisconsin Statutes; motion carried, 4-1, Matano: Nay YGP: 2-0.
b. Shoppes at Prairie Lakes, City of Sun Prairie, Section 11 (8 lots) (application deadline 3/04/14) Staff recommends a certification of non-objection.
Motion by Hendrick / Bollig to certify the plat as non-objectionable with respect to the provisions of S.236.12(2)(b), Wisconsin Statutes; motion carried, 5-0. YGP: 2-0.
ZLR Committee Public Hearing Agenda Page 11 of 11 February 25, 2014
c. Wood Ger Development, Town of Burke, Section 24
(12 lots) (52 acres) Consideration of the 3/19/2013 conditional approval and execution of the plat document pursuant to established Committee policy.
Motion by Hendrick / Bollig to approve; motion carried, 5-0. YGP: 2-0. Chair Miles signed the Plat.
3. CERTIFIED SURVEY MAPS a. Waiver request for Waubesa Beach Club, LLC, Town of Dunn, Section 5, from Ch. 75.19(6)(b) for proposed lot
2 of a 2-lot Certified Survey Map to have less than 66’ of public road frontage.
Motion by Kolar / Matano to postpone; motion carried, 5-0. YGP: 2-0. VI. RESOLUTIONS
1. None. VII. ORDINANCE AMENDMENTS 1. ORD. AMEND. 26, 2013-2014: Amending Chapter 10 of the Dane County Code of Ordinances, Regarding
Abandoned Nonconforming Mineral Extraction Sites.
SEE MOTION ABOVE. 2. ORD. AMEND. 27, 2013-2014: Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating
the Town of Burke Comprehensive Plan into the Dane County Comprehensive Plan. SEE MOTION ABOVE. VIII. OTHER BUSINESS AUTHORIZED BY LAW
The Committee discussed training for the new legislative tracking system software and scheduled a date for the training. The training will be Monday, March 3, 2014, at noon.
IX. ADJOURN
Motion by Hendrick / Bollig to adjourn the meeting at 10:41pm; motion carried, 5-0. YGP: 2-0.
Roger Lane, Recording Secretary Minutes filed with the County Clerk 02/27/14 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.
Staff Report
Zoning and Land Regulation Committee
Public Hearing: January 28, 2014 February 25, 2014
Petition: Rezone 10635
Zoning Amendment: A-1EX Exclusive Agriculture District to RH-1 Rural Homes District
Town/sect:
Primrose Section 31
Acres:3.0 Survey Req. Yes
Applicant
Dwight J Truttmann Reason:
Expansion of existing residential lot
Location:
9399 Ness Rd
DESCRIPTION: The applicant would like to add an additional acre of land to the existing residential lot to facilitate the construction of a detached garage and to include other features, septic system and garden, to the property. OBSERVATIONS: There is an existing residence and shed on the property. There are slopes exceeding 20% grade within the northern portion of the property. An intermittent stream is located approximately 100 feet to the east of the property which makes the area fall under the shoreland regulations. TOWN PLAN: The property is located in the Agricultural Preservation area. There is no increase in housing density as part of this petition. No density study conducted. RESOURCE PROTECTION: The Town identifies sensitive water features and slopes over 20% grade as part of their resource protection area. The portion of the existing parcel contains areas of resource protection due to steep slopes. STAFF: The proposal meets the dimensional standards of the zoning district. 2/25 ZLR Action: Motion by Kolar / Hendrick to postpone until Town action is received; motion carried, 5-0. YGP: 2-0. Town: Approved with no conditions.
545-105 (2/06) WEB
TOWN BOARD ACTION REPORT – REZONERegarding Petition #____________________
Dane County Zoning & Land Regulation Committee Public Hearing Date____________________
Whereas, the Town Board of the Town of_____________________________ having considered said zoning petition,
be it therefore resolved that said petition is hereby (check one): ❑ Approved ❑ Denied ❑ Postponed
Town Planning Commission Vote: _____ in favor _____ opposed _____ abstained
Town Board Vote: _____ in favor _____ opposed _____ abstained
Please note: The following space is reserved for comment by the minority voter(s), OR, for the Town to explain itsapproval if the decision does not comply with the relevant provisions of the Town Plan.
THE PETITION IS SUBJECT TO THE FOLLOWING CONDITION(S) (Check all appropriate boxes):
1. ❑ Deed restriction limiting use(s) in the __________ zoning district to only the following:
2. ❑ Deed restrict the balance of A-1 EX Agricultural Exclusive zoned land owned by the applicant from the originalfarm (as of date specified in the Town Plan) prohibiting non-farm development. Please provide propertydescription, or tax parcel number(s):
3. ❑ Deed restrict the applicant's property described below prohibiting division. Please provide propertydescription, or tax parcel number(s):
4. ❑ Condition that the applicant must record a Notice Document which states all residential development units(a.k.a. splits) have been exhausted on the property, and further residential development is prohibited underTown & County Land Use Planning policies. Please provide property description, or tax parcel number(s):
5. ❑ Other Condition(s). Please specify:
I, ____________________________, as Town Clerk of the Town of_________________, County of Dane, hereby
certify that the above resolution was adopted in a lawful meeting of the Town Board on_____________________
Town Clerk_________________________________________ Date:___________________________
106353/11/2013
Primrose
Jamie Baker Primrose12/9/2013
Jamie Baker 2/26/2014
5 0 0
3 0 0
Ness Rd
Proposed RH-110635
Dane County Land Information Office, Fly Dane Partnership
LegendSignificant Soils
Class 1
Class 2
Steep Slopes12 to 20% grade
greater than 20%
Petition 10635Truttmann
0 200 400100 Feet
Staff Report
Zoning and Land Regulation Committee
Public Hearing: January 28, 2014 Petition: Rezone 10639 CUP 2258
Zoning Amendment: B-1 Business District and R-3 Residence District to C-1 Commercial District
Town/sect:
Dunn Section 05
Acres:0.782, 0.085 Survey Req. Yes
Applicant
Waubesa Beach Club LLC Reason:
Expansion of existing land uses CUP Description: tavern, lighted outdoor volleyball, outdoor events
Location:
2952 Waubesa Ave
DESCRIPTION: Christy’s Bar would like to expand their existing volleyball court and bring their existing non-conforming use (tavern) into compliance with current zoning regulations. The request would bring the existing tavern into compliance, allow two lighted outdoor volleyball courts, and define the amount of outdoor events. The request is part of a corrective action for a pending zoning violation (expansion of volleyball court without prior approvals). PROPOSAL: The owner would like to reconfigure the outside area to allow for two volleyball courts. The zoning boundary is proposed to be shifted slightly to the west to account for the existing fence location that separates the property’s residential structure from the commercial activity. New lighting will be installed to illuminate thevolleyball court area. Limited outdoor activities will be defined as part of the Conditional Use process. The double residential lot will be reconfigured into a single lot. OBSERVATIONS: The property is located in the Second Addition of Waubesa Beach Subdivision which was platted in 1911. Waubesa Beach Club LLC owns five of the subdivision lots which contain Christy’s Bar and a single family residence located west of the bar. The tavern has been in operation for over 77 years. In 1950, the property was zoned to B-1 Business Zoning District to identify the existing tavern land use. In 1987, a conditional use permit was obtained for an illuminated outdoor volleyball court as part of a tavern expansion. In 1992, Dane County changed the land uses listed under the B-1 Business Zoning District which deleted taverns and lighted outdoor activities within the district. This made the existing tavern and outdoor volleyball a legal non-conforming use.
Staff Report Rezone 10639 / CUP 2258
In August of 2013, Dane County found that the existing non-conforming use (volleyball courts) was being expanded. A stop work order was issued and the expansion was halted. The applicant was given the opportunity to obtain the necessary approvals for the expansion to occur. The property is located on the shores of Lake Waubesa and subject to Shoreland Regulations. The shallow water along the shoreline is identified as aquatic bed wetland. The lands are outside the flood hazard area as shown of the 2009 FEMA Floodplain maps. TOWN PLAN: The property is located in the Waubesa Limited Service Area and identified as an existing commercial land use on the 2007 land use map. The Town Plan does not allow properties to be zoned to C-1 Commercial. It appears that the proposal meets the intent the Town’s Comprehensive Plan under the provision to allow an existing use to continue operation if the Board finds the land use to be in existence prior to September 1, 1979. RESOURCE PROTECTION: The Town identifies sensitive water features and slopes over 20% grade as part of their resource protection area. The portion of the existing parcel contains areas of resource protection due to being on the shores of Lake Waubesa. STAFF: The proposal meets the dimensional standards of the C-1 Commercial Zoning District, however, the newly configured residential lot will need a waiver from the minimum lot frontage width and minimum building setback width requirements found in the Land Division Regulations. The new residential lot configuration will also need a variance from Shoreland Regulations due to lot frontage requirements. Staff has work with the Town of Dunn Staff to prepare a list of suggested conditions to mitigate potential nuisances from the proposed land use. The conditions limit the hours of operation, limit the number of events held each year, define maximum noise levels, identify specific illumination levels, and require screening to be installed to limit illumination spill to neighboring properties. TOWN: Approved Zoning and CUP. See below. Zoning Amendment: Approval of Dane County Zoning Petition number 10639 conditioned upon the approval of the Certified Survey Map submitted in conjunction with the petition, and conditioned upon a deed restriction limiting the C-1 district permitted uses on the property to allow only marinas, and rental businesses only to the extent rentals of watercraft or equipment occur incidental to marina operations or outdoor recreation activities conducted as a permitted or conditional use. This restriction is not intended to limit approved conditional uses on the property. Conditional Use Permit: Recommended conditions: 1. Hours of operation shall be from 9:00am until 2:00am on Sunday through Thursday, 9:00am until 2:30am on Friday
and Saturday. 2. The number of parking spaces shall be maintained at the existing 55 parking stalls. Waubesa Beach Club LLC shall
maintain these parking areas. On-site parking shall not be reduced in any fashion. 3. There shall be no more than two volleyball courts on the property. The courts shall be located as depicted on the
attached site plan. 4. The exterior lighting design shall be installed as per the attached lighting plan. 5. Court screening: Screening shall be installed as required in section 10.16(7) of the Dane County Code of Ordinances.
In addition, a 12’ tall privacy screen that blocks 90% of light shall be installed as shown on the attached site plan, and shall be in the raised position during volleyball play after dark and lowered after volleyball play.
6. Hours of operation (both courts and lighting of courts): Limited to from 8:00 am to 10:00 pm. 7. Noise: Use of whistles must be limited and used only to stop play. 8. Prohibit picnic tables and portable toilets in the area indicated on the attached site plan. 9. Number of Events per year: Music events shall be limited to 25 per year. 10. Hours of operation for events: Events on Thursdays Fridays, and Saturdays limited to 9:00 pm. Events on Sundays
limited to 8:00pm. A maximum of 5 identified events limited to 10:00pm. 11. Amplified noise levels: Amplified sounds shall be limited to 85 decibels DbA at property lines. 12. CUP approval conditioned upon approval of Rezone Petition # 10639. 2/25 ZLR Action: Motion by Hendrick / Matano to postpone action on Rezone #10639 and CUP #2258; motion carried, 5-0. YGP: 2-0. One neighbor was opposed to the expansion and stated that the project would diminish his property value and create additional noise.
1/22/14 Enter Town Board Action Report
https://www.countyofdane.com/PLANDEV/TownBoardActionReport/TownBoardActionReport.aspx 1/2
www Plan & Dev
Home Town Board Action Report Conditional Use Permit Zoning Ordinance Amendments Search Logout
Town Board Action Report
Petition information
Regarding petition number 10639
Dane County Zoning & Land Regulation Committee Public Hearing Date: 01/28/2014
Town of DaneCountyPlanning
Petition isApprovedDeniedPostponed
Town Planning Commission vote5 in favor
0 opposed
0 abstained
Town Board vote3 in favor
0 opposed
0 abstained
Conditions
Deed restriction limiting uses in the C-1 zoning district to only the following:
and conditioned upon a deed restriction limiting the C-1 district permitted uses on the property to allow only marinas, and rental businesses only to the extent rentals of watercraft or equipment occur incidental to marina operations or outdoor recreation activities conducted as a permitted or conditional use. This restriction is not intended to limit approved conditional uses on the property.Deed restrict the balance of A-1 EX Agrictultural Exclusive zoned land owned by the applicant from the
original farm (as of date specified in the Town Plan) prohibiting non-farm development. Please provideproperty description or tax parcel number(s):
1/22/14 Enter Town Board Action Report
https://www.countyofdane.com/PLANDEV/TownBoardActionReport/TownBoardActionReport.aspx 2/2
Deed restrict the applicant's property described below prohibiting division. Please provide propertydescription or tax parcel number(s):
Condition that the applicant must record a Notice Document which states all residential development units(a.k.a. splits) have been exhausted on the property, and further residential development is prohibited underTown & County Land Use Planning policies. Please provide property description, or tax parcel number(s):
Other Condition(s). Please specify:conditioned upon the approval of the Certified Survey Map submitted in conjunction with the petition
Please note: The following space is reserved for comment by the minority voter(s) OR for the town toexplain its approval if the decision does not comply with the relevant provisions of the Town Plan:
Certification
I, Cathy Hasslinger , as Town Clerk of the Town of Dunn , County of Dane, herebycertify that the above resolution was adopted in a lawful meeting of the Town Board on01/21/2014 .
Town Clerk: Cathy Hasslinger
Date: 1/22/2014
Submit
Revised: March 17, 2010
TOWN BOARD ACTION REPORT – CONDITIONAL USE PERMIT
Regarding Petition # __________ Dane County ZLR Committee Public Hearing ___________________
Whereas, the Town Board of the Town of _________________________ having considered said conditional use permit application, be it therefore resolved that said conditional use permit is hereby (check one): APPROVED
DENIED (IF DENIED, PLEASE COMPLETE FINDINGS SECTION ON PAGE 2)
PLANNING COMMISSION VOTE: ____ In Favor ____ Opposed
TOWN BOARD VOTE: ____ In Favor ____ Opposed
Whereas, in support of its decision, the Town Board has made appropriate findings of fact that the standards listed in section 10.255(2)(h), Dane County Code of Ordinances, and section 10.123(3)(a), if applicable, are found to be (check one):
SATISFIEDNOT SATISFIED (PLEASE COMPLETE FINDINGS SECTION ON PAGE 2)
PLEASE NOTE: The following space, and additional pages as needed, are reserved for comment by the minority voter(s), OR, for the Town to explain its approval if the decision does not comply with the relevant provisions of the Town Plan. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
THE CONDITIONAL USE PERMIT IS SUBJECT TO THE FOLLOWING CONDITION(S):
___________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I, ________________________, as Town Clerk of the Town of ___________________, County of Dane, hereby certify that the above resolution was adopted in a lawful meeting of the Town Board on ____________, 20____.
_________________________________________ _________________________, 20____. Town Clerk Date
02258 Tuesday, January 28, 2014
Dunn
5 0
3 0
Tavern: 1.Hours of operation shall be from 9:00am until 2:00am on Sunday through Thursday, 9:00amuntil 2:30am on Friday and Saturday. 2.The number of parking spaces shall be maintained at the existing55 parking stalls. Waubesa Beach Club LLC shall maintain these parking areas. On-site parking shall notbe reduced in any fashion. Lighted Volleyball Court: 1.There shall be no more than two volleyballcourts on the property. The courts shall be located as depicted on the attached site plan. 2.The exteriorlighting design shall be installed as per the attached lighting plan. 3.Court screening: Screening shall beinstalled as required in section 10.16(7) of the Dane County Code of Ordinances. In addition, a 12’ tallprivacy screen that blocks 90% of light shall be installed as shown on the attached site plan, and shall bein the raised position during volleyball play after dark and lowered after volleyball play. 4.Hours ofoperation (both courts and lighting of courts): Limited to from 8:00 am to 10:00 pm. 5.Noise: Use ofwhistles must be limited and used only to stop play. 6.Prohibit picnic tables and porta-potties in the areaindicated on the attached site plan. Outdoor Entertainment Activity: 1.Number of Events per year:Music events shall be limited to 25 per year. 2.Hours of operation for events: Events on ThursdaysFridays, and Saturdays limited to 9:00 pm. Events on Sundays limited to 8:00pm. A maximum of 5identified events limited to 10:00pm. 3.Amplified noise levels: Amplified sounds shall be limited to 85decibels DbA at property lines. General: 1.CUP approval conditioned upon approval of RezonePetition # 10639.
Cathy Hasslinger DunnTuesday, January 21, 2014
Cathy Hasslinger Wednesday, January 22, 2014
✔
✔
PLEASE INDICATE THE APPROPRIATE FINDING
FOR EACH STANDARD (CHECK ONE / STANDARD)
1. SATISFIED / NOT SATISFIED
2. SATISFIED / NOT SATISFIED
3. SATISFIED / NOT SATISFIED
4. SATISFIED / NOT SATISFIED
5. SATISFIED / NOT SATISFIED
6. SATISFIED / NOT SATISFIED
FINDINGS OF FACT FOR DENIED CONDITIONAL USE PERMITS
If the Conditional Use Permit application is denied, please complete the following section. For each of the standards, indicate if the standard was found to be satisfied or not satisfied. Please note the following from section 10.255(2)(b):
“No permit shall be granted when the zoning committee or applicable town board determines that the standards are not met, nor shall a permit be denied when the zoning committee and applicable town board determine that the standards are met.”
1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or welfare.
2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the conditional use.
3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being made.
5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6. That the conditional use shall conform to all applicable regulations of the district in which it is located.
THIS SECTION IS RESERVED FOR FURTHER EXPLANATION OF THE FINDINGS:
___________________________________________________________________________________________ ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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✔
H:\Zoning\ZLR\Conditional Use Permits\CUP #2258 proposed.doc Page 1 of 2
Dane County Zoning Division City-County Building 210 Martin Luther King, Jr., Blvd., Room 116 Madison Wisconsin 53703 (608) 266-4266/266-9083 Fax (608) 267-1540
DANE COUNTY
CONDITIONAL USE PERMIT #2258 THE ZONING AND LAND REGULATION COMMITTEE OF THE DANE COUNTY BOARD PURSUANT TO SECTION 10.255(2) OF THE DANE COUNTY CODE OF ORDINANCES DOES HEREBY: GRANT Conditional Use Permit #2258 for a tavern, lighted outdoor volleyball, and outdoor entertainment activity under Dane County Code of Ordinances Section 10.13(2) and subject to any conditions contained herein. EFFECTIVE DATE OF PERMIT: PENDING THE CONDITIONAL USE SHALL BE LOCATED ON THE PROPERTY DESCRIBED AS FOLLOWS: 2952 Waubesa Avenue, Town of Dunn <<<insert legal description>>>> CONDITIONS OF APPROVAL: Tavern: 1. Hours of operation shall be from 9:00am until 2:00am on Sunday through Thursday, 9:00am until 2:30am on
Friday and Saturday. 2. The number of parking spaces shall be maintained at the existing 55 parking stalls. Waubesa Beach Club LLC
shall maintain these parking areas. On-site parking shall not be reduced in any fashion. Lighted Volleyball Court: 1. There shall be no more than two volleyball courts on the property. The courts shall be located as depicted on the
attached site plan. 2. The exterior lighting design shall be installed as per the attached lighting plan. 3. Court screening: Screening shall be installed as required in section 10.16(7) of the Dane County Code of
Ordinances. In addition, a 12’ tall privacy screen that blocks 90% of light shall be installed as shown on the attached site plan, and shall be in the raised position during volleyball play after dark and lowered after volleyball play.
4. Hours of operation (both courts and lighting of courts): Limited to from 8:00 am to 10:00 pm. 5. Noise: Use of whistles must be limited and used only to stop play. 6. Prohibit picnic tables and portable toilets in the area indicated on the attached site plan. Outdoor Entertainment Activity:
1. Number of Events per year: Music events shall be limited to 25 per year. 2. Hours of operation for events: Events on Thursdays Fridays, and Saturdays limited to 9:00 pm. Events on
Sundays limited to 8:00pm. A maximum of 5 identified events limited to 10:00pm. 3. Amplified noise levels: Amplified sounds shall be limited to 85 decibels DbA at property lines.
H:\Zoning\ZLR\Conditional Use Permits\CUP #2258 proposed.doc Page 2 of 2
THE ZONING AND LAND REGULATION COMMITTEE AFTER PUBLIC HEARING AND IN THEIR CONSIDERATION OF THE CONDITIONAL USE PERMIT MADE THE FOLLOWING FINDINGS OF FACT: 1. That the establishment, maintenance and operation of the proposed conditional use will not be detrimental to
or endanger the public health, safety, morals comfort or general welfare. 2. That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted
will not be substantially impaired or diminished by the establishment, maintenance, and operation of the proposed conditional use.
3. That the establishment of the proposed conditional use will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in the district. 4. That adequate utilities, access roads, drainage and other necessary site improvements will be made. 5. That adequate measures will be taken to provide ingress and egress so designed as to minimize traffic
congestion in the public streets. 6. That the proposed conditional use does conform to all applicable regulations of the district in which it is
proposed to be located.
EXPIRATION OF PERMIT In addition to any time limit established as a condition in granting this CUP, Section 10.25(2)(n) of the Dane County Code of Ordinances provides that any use for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity with the ordinance.
No tables, seating,or portable toiletsin this area.
Des
ign
er
Dat
e
Sca
le
Dra
win
g N
o.
Dec
19
2013
1 of
1
Christy's Landing Volleyball Court Lighting Photometrics 2952 Waubesa Ave, Madison, WI
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0.3
0.4
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34.6
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12.9
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0.3
0.2
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4.8
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0.6
0.6
0.3
0.2
0.2
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0.5
0.8
0.9
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1.8
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0.6
0.4
0.2
0.2
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0.1
0.2
0.2
0.3
0.5
0.6
0.7
0.7
0.8
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1.6
1.7
1.6
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0.6
0.6
0.5
0.5
0.2
0.2
0.2
0.1
0.2
0.2
0.3
0.4
0.5
0.6
0.6
0.6
0.7
0.7
0.7
0.7
0.7
0.5
0.5
0.4
0.4
0.4
0.3
0.2
0.2
0.2
0.1
0.1
0.2
0.3
0.3
0.4
0.4
0.4
0.4
0.4
0.4
0.3
0.3
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.1
0.2
0.2
0.3
0.3
0.3
0.3
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.1
0.1
0.1
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.2
0.2
0.1
0.1
0.1
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0.1
0.1
0.1
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0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
12.9
12.6
11.4
9.6
17.9
19.5
20.7
20.5
17.2
10.5
21.2
25.0
29.1
31.5
29.9
19.7
21.7
21.1
23.9
27.8
31.0
29.8
22.1
18.3
17.9
18.9
19.6
16.9
21.0
14.5
11.5
10.2
9.2
7.6
33.5
20.4
13.3
9.5
7.1
5.7
5.0
31.5
21.0
17.9
14.8
9.4
6.1
24.1
22.9
27.9
29.1
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Dane County Land Information Office, Fly Dane Partnership
LegendPetition 10639
CUP 2258Waubesa Beach Club
0 60 12030 Feet
Staff Report
Zoning and Land Regulation Committee
Public Hearing: January 28, 2014 Petition: Rezone 10642 Zoning Amendment: A-1EX Exclusive Agriculture District to Various Districts
Town/sect:
Montrose Sections 1-36
Acres: 64.74 Survey Req. No
Applicant
Montrose, Town of Reason:
Blanket rezone for Farmland Preservation Plan and zoning compliance
Location:
Town of Montrose
Blanket Rezone Process – Town of Montrose This petition is part of the effort to meet a state-mandated requirement to bring the county zoning maps into compliance with the Dane County Farmland Preservation Plan. Ten parcels in the Town of Montrose are zoned for farmland preservation (A-1EX) but are located within the Village of Belleville Urban Service Area. The state requires that these parcels be rezoned out of a certified agricultural preservation zoning district. OBSERVATIONS: One affected landholding is larger than 35 acres and is currently in agricultural use. This property will be rezoned to the A-3 (Transitional Agriculture) zoning district. The other nine parcels are smaller than 35 acres and will be rezoned to one of the A-2 or residential zoning districts. At the landowner’s request and town recommendation, three parcels are proposed to be rezoned to the A-2(4) district with a deed restriction prohibiting residential development. This will preserve density options for this landowner in the future. Town Action Staff If approved, the zoning in the Town of Montrose will be consistent with the Dane County Farmland Preservation Plan and therefore eligible for the state Farmland Preservation Tax Credits.
Staff Report
Zoning and Land Regulation Committee
Public Hearing: February 25, 2014 Petition: Rezone 10643 Zoning Amendment: A-1EX Exclusive Agriculture District to A-B Agriculture Business District and A-4 Small Lot Agriculture District
Town/sect:
Albion Section 30
Acres:8.18 , 30.18 Survey Req. Yes
Applicant
Helena Chemical Company Reason:
Expand existing agriculture business
Location:
156 County Highway N
DESCRIPTION: The Helena Chemical Company would like to expand their existing zoning boundaries to allow for additional buildings and outdoor storage space. The company is a distributor of seed, fertilizer, herbicide, and insecticide for the agricultural industry. OBSERVATIONS: Approvals were granted in 2002 for the business under Zoning Petition #8505. As part of the approval, 26 conditions were placed on the property to address truck traffic and coordination with emergency services regarding storage of materials. The property is located along a railroad corridor. Majority of the property consists of Class II Soils. An unnamed perennial stream is located approximately 1300 feet east of the business site. TOWN PLAN: The Town Plan identifies the area for commercial development. The zoning appears to be consistent with Town Plan policies. RESOURCE PROTECTION: The Town identifies sensitive water features and slopes exceeding 12% grade as areas of natural resource protection. The property does not contain resource protection areas. STAFF: The proposal meets the dimensional standards of the Zoning Districts. Staff suggests that conditions similar to the ones noted in Zoning Petition #8505 be assigned if approved. TOWN: Approved conditioned upon 26 conditions as noted under Zoning Petition #8505. 2/25 ZLR Action: Motion by Kolar / Bollig to postpone until the March 11th meeting; motion carried, 5-0. YGP: 2-0. Persons opposed to the expansion suggested that the expansion would be limited in size as possible; the entrance remain small; no gate installed; and the owner be responsible for the installation landscaping as promised. Staff Update: Staff has worked with the landowner to revise the conditions to address the concerns of the public. The conditions will be part of a deed restriction that will be recorded on the property. Additional landscaping will be installed along the driveway and by the south side of the building by the summer of 2014.
H:\Zoning\ZLR\Filed Deed Restrictions\2014 Petitions\10643 deed restriction.doc
Name and return address:
___________________________________________________
WHEREAS,
__________Helena Chemical Company__________________ Helena Chemical Company 156 County Trunk N Edgerton, WI 53534 is owner of the following described real estate in the Town of Albion, Dane County, Wisconsin further described as follows:
Parent Parcel Number(s): LEGAL DESCRIPTION: <<<< fill in legal description>>>>
DEED RESTRICTIONS PETITION NO. 10643
Recording area
Use black ink & print legibly
0512-303-9060-0
H:\Zoning\ZLR\Filed Deed Restrictions\2014 Petitions\10643 deed restriction.doc
WHEREAS, said owners desire to place certain restrictions and notice on the above-described real estate, to bind the owner(s) and those who may acquire title hereafter. WHEREAS, the restrictions provided herein shall be enforceable at law or equity against any party who has or acquires any interest in the land subject to this restriction by the following who are named as Grantees and beneficiaries with enforcement rights:
The County Government of Dane County, Wisconsin provided that the land is under the jurisdiction of said County at the time the enforcement action is commenced, and;
The Town Government of the Town of Albion, Dane County, provided that the land is within
the jurisdiction of said Town at the time the enforcement is commenced, and;
The owner(s) of record of any lands that are located within 300 feet of the subject property. THEREFORE, the following restrictions are hereby imposed:
1. The only use permitted on the rezoned parcel shall be farm service/supply business as described in sec. 10.121
(2)(b), Dane County Code of Ordinances, except that no processing of seed or feed shall be permitted. None of the other uses in section 10.121 or other sections shall be permitted.
2. All vehicle traffic shall use Highway N to access the property.
3. Before operations commence, the applicant must have an emergency response plan in place for spill containment, clean-up of contamination, haz-mat control and clean-up, and coordination with the Fire Departments in the area (Edgerton, Stoughton), and health care providers, which plan shall require approval by the Town of Albion, the Edgerton Area Fire District, Stoughton Area Fire District, Edgerton Memorial Hospital, and Stoughton Hospital.
4. The entire facility shall be secured and locked, and have a security alarm system installed which protects the building.
5. Any additional lighting installed shall be rated “Full Cutoff” by the illuminating Engineering Society of North America and be installed according to manufacture’s direction.
6. The applicant shall offer to pay for a well water study of all water wells within the ½ mile radius of the property which shall test for all chemicals to determine the baseline chemical content of the wells.
7. Truck traffic shall be limited to the hours of 5:00 a.m. to 10:00 p.m. from April 1 – June 30, truck traffic shall be limited to the hours of 7:00 a.m. to 6:00 p.m at other times of the year. Trucks shall operate with covers over loads of bulk materials.
8. The applicant shall installed landscaping along the driveway and along a constructed berm at the south side of the buildings. The plan shall have a minimum of 75 trees or shrubs disturbed throughout the site. The deciduous trees shall have a minimum of 2” caliper and evergreen shrubs shall be a minimum of 3’ tall. All landscaping shall be installed by August of 2014.
9. Storm and surface water management plans for the facility which meet the requirements of Dane County ordinances and are approved by the County shall be implemented and maintained.
H:\Zoning\ZLR\Filed Deed Restrictions\2014 Petitions\10643 deed restriction.doc
10. The A-B zoned area shall be no larger than 20 acres, and may not be expanded without permission of the Town of Albion, and shall be separated from adjacent land uses by a buffer zone of ag zoned land. No further expansion of the property shall be permitted unless prior approvals are obtained from the Albion Town Board.
11. There shall be no storage or handling of anhydrous ammonia, pressurized chemicals, or underground storage tanks. The storage of petroleum on site must be enclosed in a State approved containment system. Petroleum storage on the site shall be restricted to only the amount necessary for operating vehicles used by the business.
12. There shall be no repair or servicing of machinery or trucks other than those used in the applicant’s business. No trucks to be stored overnight other than those vehicles utilized by the applicant on site.
13. The applicant shall provide current Materials Safety Data Sheets and other Community-Right-To-Know Act data on an ongoing basis to the Town of Albion by forwarding this information to the Town Hall.
14. Unloading of all railroad deliveries shall be made between 8:00 A.M. and 5:00 P.M.
15. The applicant shall use its best efforts to see that each rail car remains on the premises for no more than 5 days, and shall be limited to 10 days maximum storage of each rail car. All railcars shall be unloaded within the confines of the containment system.
16. Signage shall be minimal and unobtrusive.
17. Silos and buildings shall be maintained and painted so they are not rusty, stained or otherwise unsightly in appearance due to deterioration.
18. All property owners within one-half mile of the site must be provided with current copies of all evacuation plans upon request. Property owners and the Town of Albion shall be notified, via certified mail, of any and all spills and other violations related to the site.
19. The following materials shall be prohibited from being stored on site: Explosives (hazardous material Class 1); flammable gas; non-flammable gas; poisonous gas (hazardous material Class 2); Flammable liquid (hazardous material Class 3); flammable solid –spontaneously combustible- dangerous when wet material (hazardous material Class 4); oxidizer; organic peroxide (hazardous material Class 5; infectious substance (hazardous material Class 6); or radioactive materials (hazardous material class 7).
20. The applicant shall submit a Tier II report to Dane County Emergency Management and the Town of Albion on an annual basis. The report details the materials being stored on site.
21. The development on the property shall conform to the site plan on filed dated September 13, 2013 prepared by KD Engineering Consultants.
22. The approved storm water management plan shall be installed and maintained.
H:\Zoning\ZLR\Filed Deed Restrictions\2014 Petitions\10643 deed restriction.doc
STATE OF WISCONSIN, County of _____________________________________
Subscribed and sworn to before me on______________________by the above named person(s). Signature of notary or other person authorized to administer an oath____________________________________________________ (as per s. 706.06, 706.07) Print or type name: ______________________________________________________________ Title____________________________Date commission expires: _________________________.
This document was drafted by: (print or type name below)
The restrictions set forth herein may be amended or terminated in the following manner:
1. The owner(s) of the subject property may submit a written petition calling for the amendment or termination of the restrictions. Such petition must be submitted to the Dane County Clerk who shall refer the petition to the Dane County Zoning and Land Regulation Committee (or successor committee), which shall then schedule and hold a public hearing on the petition. The petition shall then be referred to the Town Government of the Town in which the subject property is located. The Zoning and Land Regulation Committee shall issue a written report on the petition to the County Board of Supervisors. The County Board shall, by majority vote, approve or reject the petition. Amendment or termination of the restrictions shall also require the approval of the Town Board.
2. Upon approval of the petition calling for an amendment or termination of the restrictions, the
owner(s) of the subject property shall draft the amendatory covenant instrument. The owner(s) shall then execute and record the amendatory covenant with the Dane County Register of Deeds.
3. A rezoning of the subject property to a different zoning district shall also act to terminate the
restrictions set forth herein.
_________________________________________________ _________________________________________________ Date Date _________________________________________________ _________________________________________________ Signature of Grantor (owner) Signature of Grantor (owner) _________________________________________________ _________________________________________________ *Name printed *Name printed
*Names of persons signing in any capacity must be typed or printed below their signature. P&D form 2/20/2001
")N
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n Rd
Hammond Rd
Bublitz Rd
A-410643
A-B10643
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A-1(EX)
A-1(EX)
A-B
RH-2
RH-2
R-3
R-1A A-2(2)
A-1(EX)A-1(EX)
A-1(EX)A-1(EX)
Text
Petition # 10643Helena ChemicalCompany
0 400 800200 FeetLegendWetland
Staff Report
Zoning and Land Regulation Committee
Public Hearing: February 25, 2014 Petition: Rezone 10647 Zoning Amendment: R-1A Residence District to R-3A Residence District
Town/sect:
Cottage Grove Section 06
Acres: 1.209 Survey Req. No
Applicant
Debra Pettersen Reason:
Zoning compliance for duplex
Location:
3119 Gaston Rd
DESCRIPTION: The petitioner would like to bring a non-conforming use into compliance with current zoning regulations. A single-family residence was converted into duplex some point in the past. The property is subject to a pending zoning violation. OBSERVATIONS: The property was zoned from A-1 to R-1A in 1982 as part of a blanket rezoning so that the Town could enter into the Agricultural Preservation Program. Door Creek bisects the property and a good portion of the property is within the floodplain. The entire property contains hydric soils. There is an existing residence on the property with an attached garage. An apartment was added above the garage at some point in time. The structure is currently inhabited by one family; however, there are two distinct residential living areas. In 2009, a zoning permit was issued to allow a 14x16 addition to a single family residence. No other records found. TOWN PLAN: The Town’s Land Use Plan designates the area as Existing Residential. The area is intended for infill development. Duplexes are allowed use within the Existing Residential Planning Area. See Sheet J-2. RESOURCE PROTECTION: The Town identifies water features and slopes exceeding 20% grade as areas of resource protection. Due to Door Creek and the associated floodplain, the eastern 75% of the lot is within the resource protection corridor. STAFF: The existing lot meets the dimensional standards of the zoning district. 2/25 ZLR Action: Motion by Hendrick / Bollig to postpone until Town action is received; motion carried, 5-0. YGP: 2-0. TOWN: Approved with no conditions.
545-105 (2/06) WEB
TOWN BOARD ACTION REPORT – REZONERegarding Petition #____________________
Dane County Zoning & Land Regulation Committee Public Hearing Date____________________
Whereas, the Town Board of the Town of_____________________________ having considered said zoning petition,
be it therefore resolved that said petition is hereby (check one): ❑ Approved ❑ Denied ❑ Postponed
Town Planning Commission Vote: _____ in favor _____ opposed _____ abstained
Town Board Vote: _____ in favor _____ opposed _____ abstained
Please note: The following space is reserved for comment by the minority voter(s), OR, for the Town to explain itsapproval if the decision does not comply with the relevant provisions of the Town Plan.
THE PETITION IS SUBJECT TO THE FOLLOWING CONDITION(S) (Check all appropriate boxes):
1. ❑ Deed restriction limiting use(s) in the __________ zoning district to only the following:
2. ❑ Deed restrict the balance of A-1 EX Agricultural Exclusive zoned land owned by the applicant from the originalfarm (as of date specified in the Town Plan) prohibiting non-farm development. Please provide propertydescription, or tax parcel number(s):
3. ❑ Deed restrict the applicant's property described below prohibiting division. Please provide propertydescription, or tax parcel number(s):
4. ❑ Condition that the applicant must record a Notice Document which states all residential development units(a.k.a. splits) have been exhausted on the property, and further residential development is prohibited underTown & County Land Use Planning policies. Please provide property description, or tax parcel number(s):
5. ❑ Other Condition(s). Please specify:
I, ____________________________, as Town Clerk of the Town of_________________, County of Dane, hereby
certify that the above resolution was adopted in a lawful meeting of the Town Board on_____________________
Town Clerk_________________________________________ Date:___________________________
106472/25/2014
Cottage Grove
Kim Banigan Cottage Grove
3/3/2014
Kim Banigan 3/4/2014
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Gaston RdR-3A10647
CUP533
Single family residences
A-1(EX)
A-1(EX)
A-2(4)
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B-1
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Text
Petition # 10647Petterson
0 200 400100 FeetLegendWetland
100-year Floodplain
Staff Report
Zoning and Land Regulation Committee
Public Hearing: January 28, 2014 Petition: Rezone 10650 Zoning Amendment: A-1EX Exclusive Agriculture District to Various Districts
Town/sect:
Christiana Sections 1-36
Acres: Survey Req. No
Applicant
Christiana, Town of Reason:
Blanket rezone for Farmland Preservation Plan and zoning compliance
Location:
Town of Christiana
DESCRIPTION: This petition is part of the effort to meet a state-mandated requirement to bring the county zoning maps into compliance with the Dane County Farmland Preservation Plan. There are several tax parcels in Christiana that are zoned for farmland preservation (A-1EX or A-4) and located within the town’s agricultural preservation area. However, the parcels are located within the sanitary sewer service areas of Cambridge and Rockdale. The state requires that these parcels be rezoned out of a certified agricultural preservation zoning district. This petition proposes to rezone forty-one (41) tax parcels to comply with the state requirement. OBSERVATIONS: In most cases, the proposed zoning change represents a lateral change to a similar zoning district appropriate for the existing land uses. One active farm operation located on State Farm Road will unfortunately lose eligibility for farmland preservation tax credits. RE-1 Recreational zoning is proposed for Cam-Rock County Park. RESOURCE PROTECTION: Areas of Resource Protection Corridor are located on several of the affected parcels, including a vacant ~10 acre parcel near Cambridge, and also the tax parcels comprising Cam-Rock County Park. No development is proposed in these areas, which are proposed to be rezoned to CO-1 Conservancy or RE-1 Recreational. STAFF: Staff has met with the town plan commission and notified affected property owners of the proposed zoning changes on the respective properties. The town understands and supports the proposed changes. TOWN: Pending.
545-105 (2/06) WEB
TOWN BOARD ACTION REPORT – REZONERegarding Petition #____________________
Dane County Zoning & Land Regulation Committee Public Hearing Date____________________
Whereas, the Town Board of the Town of_____________________________ having considered said zoning petition,
be it therefore resolved that said petition is hereby (check one): ❑ Approved ❑ Denied ❑ Postponed
Town Planning Commission Vote: _____ in favor _____ opposed _____ abstained
Town Board Vote: _____ in favor _____ opposed _____ abstained
Please note: The following space is reserved for comment by the minority voter(s), OR, for the Town to explain itsapproval if the decision does not comply with the relevant provisions of the Town Plan.
THE PETITION IS SUBJECT TO THE FOLLOWING CONDITION(S) (Check all appropriate boxes):
1. ❑ Deed restriction limiting use(s) in the __________ zoning district to only the following:
2. ❑ Deed restrict the balance of A-1 EX Agricultural Exclusive zoned land owned by the applicant from the originalfarm (as of date specified in the Town Plan) prohibiting non-farm development. Please provide propertydescription, or tax parcel number(s):
3. ❑ Deed restrict the applicant's property described below prohibiting division. Please provide propertydescription, or tax parcel number(s):
4. ❑ Condition that the applicant must record a Notice Document which states all residential development units(a.k.a. splits) have been exhausted on the property, and further residential development is prohibited underTown & County Land Use Planning policies. Please provide property description, or tax parcel number(s):
5. ❑ Other Condition(s). Please specify:
I, ____________________________, as Town Clerk of the Town of_________________, County of Dane, hereby
certify that the above resolution was adopted in a lawful meeting of the Town Board on_____________________
Town Clerk_________________________________________ Date:___________________________
106501/28/2014
Christiana
Sandy Everson Christiana11/12/2013
Sandy Everson 2/27/2014
0 0 0
3 0 0
Staff Report
Zoning and Land Regulation Committee
Public Hearing: February 25, 2014 Petition: CUP 2260 Zoning Amendment: A-1Ex Exclusive Agriculture District to A-1 Exclusive Agriculture District
Town/sect:
Albion Section 15
Acres: 105 Survey Req. No
Applicant
Crazy Acres Inc Reason:
Mineral Extraction
Location:
West of 983 State Highway 73
DESCRIPTION: Yahara Materials would like to obtain approvals to create a 100-acre mineral extraction site located between Interstate 39 and Highway 73. It is anticipated that the materials will be used for the reconstruction of Interstate 39. OBSERVATIONS: The proposal located in an area with low housing density. There are 4 home sites located approximately 1000 feet away from the site. The northern part of the site consists of Class I and II soils. The boundaries of the site have been drawn to avoid the sensitive environmental features on the property. TOWN PLAN: The Town Comprehensive Plan identifies this area as Agricultural Preservation and Compatible Rural Uses. Mineral extraction operations are listed as an acceptable use within the district. It appears that the proposal is consistent with the policies of the Town Comprehensive Plan. RESOURCE PROTECTION: The Town Plan identifies water features, wetlands, and floodplains as part of their resource protection area. The Dane County Comprehensive Plan identifies slopes exceeding 20% grade as part of the resource protection area. The proposal appears to be outside of these areas. STAFF: See Staff Report. TOWN: The Town of Albion has approved the Conditional Use Permit conditioned up a 10-year expiration date. 2/25 ZLR Action: Motion by Hendrick / Bollig to postpone until the March 11th meeting; motion carried, 5-0. YGP:2-0. The adjacent landowners expressed concerns for depreciation of property values, noise, dust, and affect the potential sale of their property.
800 feet
1500 feet870 860
875
890880
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¬«73
Craig Rd
Strickert Ln
CUP2260
A-1(EX)
A-1(EX)
A-1(EX)
A-1(EX)
A-2
A-2(4)
RH-2
RH-2
A-2(1)
R-1A
RH-3
C-1
R-1
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A-1(EX)
R-1A-1(EX)
880
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0
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CUP 2260Crazy AcresÜ
0 750 1,500375 Feet
LegendWetland
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STAFF REPORT FOR CUP #2260 February 25, 2014 ZLR Committee Public Hearing Conditional Use Permit for a Mineral Extraction Site in the A-1EX District, Albion, Section 15 DANE COUNTY ZONING STAFF COMMENTS / BACKGROUND Owner(s) of record: Crazy Acres Inc. Agent: Yahara Materials Size, zoning, use of existing parcel: The proposed CUP area covers 105 acres, all zoned A1-EX. See attached
map. Rezone/CUP desired: CUP for mineral extraction Number of new home sites created: None Shoreland/Floodzone/Wetlands: None Zoning Issues: An erosion control (Chapter 14) and nonmetallic mining reclamation permit (Chapter 74) are
required. TOWN ACTION REPORT The Town of Albion Board approved CUP#2260 with a ten year limit.. PROPOSAL SUMMARY Overview: Yahara Materials has entered into a long-term lease with Crazy Acres to operate a rock quarry on their property. This petition is for a Conditional Use Permit (CUP) for a mineral extraction operation covering 105 acres. The site would be operated and used for both public (WisDOT reconstruction of I90-94, I39 and STH 73 & 106) and private projects. Analysis Surrounding Area Characteristics: The surrounding area is agricultural, with scattered residential land uses. Please see attached map.
Operational: The application materials provided a description of the operations, including:
1) Quarry access would be via an existing field road currently used in the farming operation.
2) The limestone deposit lies in a ridge which runs in a north-south direction.
3) In preparation of the site, the top soil and sub soil will be stripped and stockpiled on the perimeter of the proposed quarry. The stockpiles will be shaped and seeded to prevent erosion. These stockpiles will create berms around the quarry.
4) When stripping operations are complete, a drill will be used to prepare bedrock for blasting. Crushing equipment will be used to process the rock to WisDOT specifications. A portable scale will be set up to weigh the products being hauled.
5) During all phases of the proposed quarry operation, as much land as possible will remain in agricultural production.
6) During all phases of the operation, disturbed areas will be closely monitored for potential erosion. Silt fencing, hay bales, riprap and prompt seeding and mulching of the disturbed areas will be utilized. All slopes will drain into the quarry creating a self-contained drainage pattern with no discharge from the quarry.
7) For dust control, spray bars will be used on the crushing equipment and traveled areas of the quarry will be watered by truck as necessary.
8) Hours of operation will be 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 2:00 p.m. on Saturday (when necessary). Exceptions to these hours would be when required by WisDOT to perform work on the Interstate which may require night work on a limited basis for the duration of a specific project.
9) Blasting will be conducted by a licensed blaster; phone or e-mail notifications will be made to all surrounding neighbors and the Town of Albion 24 hours prior to any blast; a blasting log will be required for each blast;
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all blasting will be recorded by a properly calibrated seismograph; all seismograph records will be available anytime for review by the township; and all blasting will meet State requirements.
10) Upon completion of this operation, the entire site will be returned to typical row crops (corn or soybeans)
Further information was also provided including:
1) Fugitive Emissions Plan
2) Yahara Materials Blasting Procedure
3) Erosion Conrol and Stormwater Management Plan
4) Report titled “Aggregate Processing Plant Sound Level Assessment”, conducted by Mathy Construction Company, Onalaska, WI, dated January 30, 2004.
5) Operations plan, 11” x 17” plan map, dated 12-06-2013
6) Reclamation Plan, 11” x 17” plan map, dated 12-16-2013
Town Plan:
Town of Albion Comprehensive Plan (adopted 2006): The subject property is located in the Agricultural and Rural Land Uses planned land use category. Included in the description of this category is “specifically approved non-metallic mineral extraction and mineral processing (quarries, cement batch plants and asphalt plants)”.
Compliance with County Ordinances: Mineral extraction operations must meet requirements found in Chapters 10 (Zoning), 14 (Erosion Control and Storm Water) and 74 (Nonmetallic Mining Reclamation) of the Dane County Code of Ordinances. Chapter 10 provides six standards for granting a CUP in Section 10.255(2)(h) of the zoning ordinance are as follows:
1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or welfare.
2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the conditional use.
3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being made.
5. That adequate measures have been or will be being taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
6. That the conditional use shall conform to all applicable regulations of the district in which it is located.
According to S. 10.123(3)(a) of the zoning ordinance, the ZNR Committee must also consider the following factors when approving CUPs in the A-1 Exclusive District:
1. The statement of purposes of the zoning ordinance and the A-1 Exclusive Agriculture District.
2. The potential for conflict with agricultural use
3. The need of the proposed use for a location in an agricultural area.
4. The availability of alternative locations
5. Compatibility with existing or permitted use on adjacent lands.
6. The productivity of lands involved
7. The location of the proposed use so as to reduce to a minimum the amount of productive agricultural lands converted.
8. The need for public services created by the proposed use.
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9. The availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden.
10. The effect of the proposed use on water or air pollution, soil erosion and rare or irreplaceable natural resources.
RECOMMENDED CONDITIONS Over the past few years, Dane County has applied a standard set of conditions to approvals of mineral extraction operations to assure that they meet CUP standards in S. 10.255(2)(h) of the zoning ordinance. Based on the specifics of the proposal, these conditions can vary slightly and other conditions are sometimes included.
If this proposal is approved, the ZLR should consider the following list of potential conditions:
Potential Conditions for CUP 2260:
1. The applicant shall submit an erosion control plan covering the entire CUP area for the duration of operations, and receive approval of an erosion control permit prior to commencing extraction operations.
2. The applicant shall apply for and receive all other required local, state and federal permits.
3. The operator shall develop and operate the site according to the site/operations and phasing plan dated 12-6-2013.
4. Operations shall cease no later than ten years from the date of CUP approval.
5. Reclamation shall meet requirements of Chapter 74 of the Dane County Code of Ordinances.
6. The driveway accessing the subject site shall be paved for a distance of at least 100 feet from the public road. The operator shall maintain the driveway in a dust free manner in accordance with local, state, and federal regulations, and shall clean any dust or mud tracked onto public roads. A 20’ x 50’ tracking pad shall be installed as designated on the Operations Plan, dated 12-6-2013..
7. The operator and all haulers shall access the CUP site only through those points designated as entrances on the Site/Operations Plan dated 12-6-2013.
8. The access to the driveway shall have gates securely locked when the extraction site is not in operation. The site shall be signed “no trespassing.”
9. Hours of operation will be 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 2:00 p.m. on Saturday. Exceptions to these hours would be when required by WisDOT to perform work on the Interstate which may require night work on a limited basis for the duration of a specific project. In the case of such an exception, Yahara Materials must provide documentation from WisDOT showing such requirements.
10. Blasting shall be conducted as defined in the “Yahara Materials Blasting Procedure” as provided with the application materials. Blasting will be conducted by a licensed class 5, 6 or 7 Blaster; notifications will be made by either the Blasting Contractor and/or Yahara Materials twenty-four hours prior to any blast; a blasting log will be required for each blast; all blasting will be recorded by a properly calibrated seismograph; all seismograph records will be available anytime for review by the township; and all blasting will meet Wisconsin’s Department of Commerce Administrative Code Chapter 7
11. The operator shall use spray bars (water) in the crushing process to reduce dust. Use of spray bars is not required when the temperature is below freezing. The operator shall spray the site with water if and when needed to control dust.
12. No water shall be pumped or otherwise removed from the site.
13. There shall be no bulk fuel stored on site.
14. The operator shall require all trucks and excavation equipment to have muffler systems that meet or exceed current industry standards for noise abatement.
15. The operator shall meet DNR standards for particulate emissions as described in NR 415.075 and NR 415.076.
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16. Dane County and the Town of Albion shall be listed as additional named insureds on the Yahara Materials Inc. liability insurance policy, which shall be for a minimum of $1,000,000 combined single limit coverage per occurrence. The operator shall furnish a copy of a Certificate of Insurance as evidence of coverage before operations commence. The liability insurance policy shall remain in effect until reclamation is complete.
17. The Zoning Administrator or designee may enter the premises of the operation in order to inspect those premises and to ascertain compliance with these conditions or to investigate an alleged violation. Unless the operation is in reasonable compliance with these terms of this approval, such approval is subject to amendment or revocation.
(Questions? Contact Pam Andros – 266-5915 or 261-9780)
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M E M O R A N D U M
TO: DANE COUNTY ZONING AND LAND REGULATION COMMITTEE CC: ROGER LANE, ZONING ADMINISTRATOR; YAHARA MATERIALS, APPLICANT FROM: PAMELA ANDROS, AICP DATE: MARCH 6, 2014 RE: UPDATES ON STAFF REPORT FOR CUP APPLICATION #2260, FOR MINERAL EXTRACTION OPERATION NOTIFICATION At the February 25th ZLR public hearing, numerous concerns were expressed by citizens of the town. One of the concerns raised was about proper notification from the town and county. The Town of Albion requires that the applicant mail out notices. The applicant did provide a notification (dated 12-23-2013), however it did not include the date of the town meeting. They corrected this notification and sent out a second notification (dated 12-27-2013) that did include the date, time and location of the meeting. Dane County provided notification of the ZLR public hearing two weeks before the public hearing. That notification was sent to all property owners within 500’ from a point within a parcel contained in the proposed CUP area. To reach more broadly, the county sent out a second notification to all property owners within 2,000’ from the proposed site. This notification went out the week before the public hearing. TOWN ACTION REPORT On March 4th the county received an updated Town Action Report. The Town Planning Commission voted 4:0 in favor with conditions, and the Town Board voted 5:0 in favor with conditions. The town’s condition reads: “Conditional approval of CUP 02260 only for any one of the three DOT Hwy 73, Interstate 90/94 and Hwy 106 projects as per the proposal and for only a 10 year period”. The wording of this condition is somewhat problematic because the timetable of the different WisDOT projects is different depending on which project the applicant is awarded a successful bid. As noted on the WisDOT website and by region staff, the Hwy 73 (and associated 106) project (project number 3070-00-72) is scheduled to begin in late April and will be completed in November of 2014. That would result in a CUP period of only 9 months. The I-39/90 expansion project is very large and is actually made up of 50 individual projects that are set to occur over 8 years. This fits with the timeline that the applicant provided in the proposal (see below under “more detailed information”). The CUP period is dependent on which projects the applicant succeeds in getting, and this could leave periods of time between projects. Also, the wording “only for any one of the three” seems to imply that the town only approves of an operation for one of the projects – 73/106 project or the I-39/90 project. Staff followed up with the town clerk for clarification on the town action report. The town’s intent is that this proposal is for providing materials for WisDOT projects only, that being Hwy 73, Hwy 106 and projects on Interstate 90/94. They also want the permit to be for a 10 year period with the effective date being the start of the first State highway project for which the operator is providing materials. PROPOSAL SUMMARY Overview: My original staff report stated that “the site would be operated and used for both public (WisDOT reconstruction of I90-94, I39 and STH 73 & 106) and private projects”. Upon careful review of the proposal including the public notice provided by the applicant, the proposed quarry “would be used for DOT Construction projects on Highway 73, 106 and I-39 90/94, which are slated for major improvements”.
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More detailed information. The original application was made on December 12, 2013 and in response to a staff request for more information, the following information was provided in a follow-up letter dated December 17th. It states:
Depth to groundwater: 96 feet. Information obtained from well logs. Depth of mineral deposit: The limestone on this site is 25 to 27 feet. The overburden on this site varies from
three to six feet. Types and quantities of material to be extracted: This is a limestone deposit and it is estimated that the
deposit contains 500,000 to 600,000 tons. Proposed dates to begin, end completion of reclamation: Beginning: March 1, 2014, ending March 1, 2021
and complete reclamation by September 15, 2013. Proposed structures: As mentioned in paragraph three of our operation plan, a portable scale and office
would be used on site to weigh trucks. This is a very remote site and the existing farm fencing and gates will be installed at the entrance to secure the site.
UPDATED CHAPTER 10 SECTION REFERENCES 10.123(5) Standards for conditional uses in the A-1 Exclusive Agriculture zoning district. In addition to the requirements of s. 10.255(2)(h), the zoning committee must find that the following standards are met before approving any conditional use permit in the A-1(exclusive agriculture) zoning district. (a) The use and its location in the A-1 Exclusive Agriculture zoning district are consistent with the purposes of the district. (b) The use and its location in the A-1 Exclusive Agriculture zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law. (c) The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use. (d) The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. (e) Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible.
10.255(2)(h) of the zoning ordinance are as follows:
1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or welfare.
2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the conditional use.
3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being made.
5. That adequate measures have been or will be being taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
6. That the conditional use shall conform to all applicable regulations of the district in which it is located.
PUBLIC INPUT In addition to those who registered at the public hearing, the Planning & Development Department has received a number of letters regarding the proposal. Those received by March 3rd are attached at the end of this memo. Those received after March 3rd are available in the application file. In summary, concerns expressed include notification, negative impact on property values, negative impact on quality of life, health impacts, “airborne debris”, air quality, contamination of groundwater, noise pollution, air pollution, destruction of wildlife habitat, and conversion of agricultural land use.
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RECOMMENDATIONS As shown in the composite report map, there are wetlands along and within the southern boundary of the CUP area. The proposed CUP boundary should be revised to exclude the wetlands. Another option is to add a condition of approval that states that excavation should be set back 75’ from the wetlands. This setback should then be added to the site operations plan map. Neighbors have expressed concern about a high capacity well being installed by Yahara Materials and the impact this may have on their own wells. Yahara should provide information on what is planned for providing water to the operation, and if a high capacity well is required, information on the potential impact on surrounding wells. The Operational Plan should be updated to reflect either the new CUP boundary or the setback from the wetlands. The Operational Plan should also be updated to show project phasing, areas (including acreage) of open active extraction, location of erosion control measures, location of stockpiled aggregates, location of where blasting will take place, and the location of crushing equipment. It is recognized that the location of some of these features will change over time, so this can be shown in the plan phases. Also, in the proposal it is noted that “during all phases of the proposed quarry operation as much land as possible would remain in agricultural production as possible, and land that is quarried out will be returned to [agricultural] production as soon as possible”. Areas that will continue as agricultural use should also be shown on the Operational Plan. Once the plan is updated, the date of the new Operational Plan should be referenced in appropriate conditions of approval. RECOMMENDED CONDITIONS Over the past few years, Dane County has applied a standard set of conditions to approvals of mineral extraction operations to assure that they meet CUP standards in S. 10.255(2)(h) of the zoning ordinance. Based on the specifics of the proposal, these conditions can vary slightly and other conditions are sometimes included. This list incorporates conditions provided by the town via the Town Action Report and has been updated from the version provided in the previous staff report.
Should the ZLR determine that the 6 standards of section 10.255(2)(h) and 5 standards of section 10.123(5) have been met, and the proposal does not conflict with the Town of Albion and Dane County Comprehensive Plan, the Committee should consider the following list of potential conditions:
Potential Conditions for CUP 2260:
1. This operation will provide materials for WisDOT projects associated with Hwy 73, Hwy 106 and/or I-39/90 only. Operator must provide documentation related to state projects upon request to the Dane County Zoning Administrator.
2. The period of the CUP will be 10 years from the start date of the first WisDOT project for which the operator is providing materials. Operator must provide documentation of this date to the Dane County Zoning Administrator. This date will be the effective date of the CUP.
3. The applicant shall submit an erosion control plan covering the entire CUP area for the duration of operations, and receive approval of an erosion control permit prior to commencing extraction operations.
4. The applicant shall apply for and receive all other required local, state and federal permits.
5. The operator shall develop and operate the site according to the site/operations and phasing plan dated 12-6-2013 [insert date of updated plan].
6. Reclamation shall meet requirements of Chapter 74 of the Dane County Code of Ordinances.
7. The driveway accessing the subject site shall be paved for a distance of at least 100 feet from the public road. The operator shall maintain the driveway in a dust free manner in accordance with local, state, and federal regulations, and shall clean any dust or mud tracked onto public roads. A 20’ x 50’ tracking pad shall be installed as designated on the Operations Plan, dated 12-6-2013.[insert date of updated plan].
8. The operator and all haulers shall access the CUP site only through those points designated as entrances on the Site/Operations Plan dated 12-6-2013. [insert date of updated plan].
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9. The access to the driveway shall have gates securely locked when the extraction site is not in operation. The site shall be signed “no trespassing.”
10. Hours of operation will be 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to 2:00 p.m. on Saturday. Exceptions to these hours would be when required by WisDOT to perform work on the Interstate which may require night work on a limited basis for the duration of a specific project. In the case of such an exception, Yahara Materials must provide documentation from WisDOT showing such requirements.
11. Blasting shall be conducted as defined in the “Yahara Materials Blasting Procedure” as provided with the application materials. Blasting will be conducted by a licensed class 5, 6 or 7 Blaster; notifications will be made by either the Blasting Contractor and/or Yahara Materials twenty-four hours prior to any blast; a blasting log will be required for each blast; all blasting will be recorded by a properly calibrated seismograph; all seismograph records will be available anytime for review by the township; and all blasting will meet Wisconsin’s Department of Commerce Administrative Code Chapter 7
12. The operator shall use spray bars (water) in the crushing process to reduce dust. Use of spray bars is not required when the temperature is below freezing. The operator shall spray the site with water if and when needed to control dust.
13. No water shall be pumped or otherwise removed from the site.
14. There shall be no bulk fuel stored on site.
15. The operator shall require all trucks and excavation equipment to have muffler systems that meet or exceed current industry standards for noise abatement.
16. The operator shall meet DNR standards for particulate emissions as described in NR 415.075 and NR 415.076.
17. Dane County and the Town of Albion shall be listed as additional named insureds on the Yahara Materials Inc. liability insurance policy, which shall be for a minimum of $1,000,000 combined single limit coverage per occurrence. The operator shall furnish a copy of a Certificate of Insurance as evidence of coverage before operations commence. The liability insurance policy shall remain in effect until reclamation is complete.
18. The Zoning Administrator or designee may enter the premises of the operation in order to inspect those premises and to ascertain compliance with these conditions or to investigate an alleged violation. Unless the operation is in reasonable compliance with these terms of this approval, such approval is subject to amendment or revocation.
(Questions? Contact Pam Andros – 266-5915 or 261-9780)
1
Andros, Pamela
From: Pat Tesar <[email protected]>Sent: Tuesday, March 04, 2014 11:17 AMTo: Allan, Majid; Lane, Roger; Miles, Patrick; Hendrick, John; [email protected]: CUP 2260 opposition
Dear Sirs, I'm enclosing a letter of opposition addressed to the Town of Albion board. Please take this matter to heart and share with others on the Zoning & Land Regulation committees. Thank you.... pat
Patrick C. Tesar 676 Craig Road
Edgerton, WI 53534
608‐884‐8400
Town of Albion Board and Planning Commission Members: I’m writing in opposition to your recent approval of Crazy Acres/Yahara open pit mine, CUP 2260. Did you read and consider the Albion Comprehensive Plan? ….”maintain rural life style….preserve farm operations…” are just a couple of aspects of this plan that have been ignored! How by any stretch of the imagination is an open pit quarry agriculture/a rural life style/a farm operation!?
This proposed open pit mine (CUP 2260) is NOT in compliance with Dane County Code of Ordinances, Chapter 10, specifically: 1) It will be detrimental to public health, safety and welfare
2) The uses, values and enjoyment of neighboring property will be impaired
Studies show quarries affect: 1) Real estate values Properties within ¼ mile lose 30% of their property value
Properties within 1 mile lose 13% of their property value
Properties within 3 miles lose 6% of their property values If this goes through I and neighbors are going to demand reassessment which is going to cost the town tax dollars that others will have to make up! Our property is currently valued by you and the bank at around $450,000. A 30% devaluation would drop us to $315,000 and we’d pretty much lose equity we’ve been planning on for sprucing up the place as well as equity to use in downsizing when we decide to sell in a few years; supposing we could even sell with a quarry right next door!
2
2) Quality of Life (for humans & animals) Mines, especially open pit, lead to a change in the mix of properties leading to a decline in the area. Mines cause a loss of natural habitat and this area is abundant with wildlife and prime hunting which will be loss. Wildlife also has an aesthetic value to residents which will be lost. There will be a change in rain runoff affecting the nearby watershed areas. There will be a loss of water storage from removing the topsoil and vegetation. We’re already dealing with farming chemicals (herbicides) in our well water thanks to local farming practices and this will further reduce filtration and increase the aquifer pollution. Equipment operation will increase smog precursors; i.e. significant air pollution due to truck traffic, crushing, dust, noise, etc…
A high capacity deep well is going to have a detrimental affect not only on our wells but the surrounding wetlands. And then there’s the stress of dealing with all this which isn’t something any of us want! 3) Citizen and Animal Safety Increased accidents due to the tremendous increase in truck traffic is going to take a toll on lives; both human and animal. A number of people in the area ride horses and could potentially be thrown when the horse becomes spooked. Some animals become spooked during gun seasons and now will have to be confined even more; 24/7! 4) Health and Welfare All the above…. For 10 years….!! The proposed berm to block the site from view and noise will be ineffective; admittedly even by the Yahara representative. The proposed quarry is atop a ridge, so the topsoil bulldozed away for a berm will in essence be pushed down off the ridge and into the lower surrounding area still exposing the quarry. We live atop a hill overlooking this area and many guests have commented it’s so relaxing here. They’ve said it’s like being on vacation coming here and that aesthetic will be lost with an open pit mine! I have to ask; “How can you be so insensitive to your neighbor’s and constituents?” We’ve worked most of our life to achieve what we have and now you want to destroy that! You’re supposed to be working for us; NOT against us! You need to revisit this and oppose it. Sincerely, Pat Patrick C. Tesar CC Dane County Board of Supervisors, Zoning & Land Regulation Committee
Patrick C. Tesar 676 Craig Road Edgerton, WI 53534
Opposition to CUP 2260 approval
!!!!!03-04-2014!!!!Dear Town of Albion Board Members and Planning Commission,!!!! I am writing to you to explain my vehement opposition to your Township approval of the conditional use permit 2260 for Crazy Acres and Yahara Minerals. This proposed site is also in and near an Environmentally Sensitive Area, which is in great danger of pollution due to the proposed quarry.!!!I have outlined reasons below, as to how this approved CUP 2260 is violating the Dane County Code of Zoning Ordinances and the Town of Albion Comprehensive Plan:!!1. Taken from CUP provisions section 10.255 in Dane County Code of Ordinances.!! “That the establishment, maintenance, or operation of the conditional use permit will not !! be detrimental to or endanger the public health, safety, comfort or welfare.” !!2. Taken from CUP provisions section 10.255 in Dane County Code of Ordinances. !! “The uses, values and enjoyment of other property in the neighborhood for purposes !! already permitted shall be in no foreseeable manner substantially impaired or diminished ! by establishment, maintenance or operation of the conditional use.” !!3. Taken from Town of Albion Comprehensive Plan Goal #1 Agriculture - “Maintain the rural !! lifestyle and character of the Town of Albion. 1. Preserve existing farm operations. 3. !! Protect and preserve the soils and other natural resources of the Town for future !!! generations.”!!4. Taken from the Town of Albion Comprehensive Plan Goal #9 Land Use - “Objectives 1. !! Minimize the negative effects of incompatible land uses. Policies 4. Promote land uses, !! densities and regulations that result in the protection of valued resources…” !!5. Taken from the Town of Albion Comprehensive Plan Goal #14 Natural Environment - “Protect ! natural resources and environmentally sensitive land from inappropriate use and/or !! development. Objectives- 1 Minimize disruption to environmentally sensitive lands (e.g., !! wetlands, floodplains, riparian habitat, woodlots, and other natural areas) for aesthetic, !! recreational, and wildlife habitat values. 2. Protect surface and groundwater quality. !! Policies - 1. Restrict development along stream corridors to protect riparian habitat, !! water quality, and aesthetics. 4. Protect wetlands from development for their ecological !! and hydrological functions. 5. Support the efforts of landowners to keep natural areas !! from being developed by using conservation easements or other means.”!!
Opposition to CUP 2260 approval
6. Taken from the Dane County Code of Ordinances 10.123(5)!! “(5) Standards for conditional uses in the A-1 Exclusive Agriculture zoning district. In !! addition to the requirements of s. 10.255(2)(h), the zoning committee must find that the !! following standards are met before approving any conditional use permit in the ! !! A-1(exclusive agriculture) zoning district.!! (a) The use and its location in the A-1 Exclusive Agriculture zoning district are consistent !! with the purposes of the district.!! (b) The use and its location in the A-1 Exclusive Agriculture zoning district are ! !! reasonable and appropriate, considering alternative locations, or are specifically ! !! approved under state or federal law.!! (c) The use is reasonably designed to minimize the conversion of land, at and around !! the site of the use, from agricultural use or open space use.!! (d) The use does not substantially impair or limit the current or future agricultural use of !! surrounding parcels of land that are zoned for or legally restricted to agricultural use.!! (e) Construction damage to land remaining in agricultural use is minimized and repaired, ! to the extent feasible.”! !!!This CUP 2260 is in clear violation and is not consistent with the Dane County Code of Ordinances and/or the Town of Albion Comprehensive plan due to the reasons stated above. !!! I also want to express mine and my husbands grave concern for our family welfare, as I am currently pregnant (due in May) and we have 2 young children, ages 8 & 6. Ten years is NOT a temporary time, and due to the type of mine/permit this is renewable year after year, if you were not aware. By the time this permit is “over” my oldest will be 18 and her most impressionable and memorable years will be destroyed due to this mine and its incompatibility with the surrounding land owners current uses. There is a major concern, and proven fact from other quarries and their immediate residences of increased and dangerous noise, air, and water pollution to our home, the homes of surrounding neighbors, and the wetlands and wildlife habitat that this proposed site is on and adjacent to. !! We have horses and my children ride frequently, especially in the summer, and now there is a major increased uncontrollable risk of increased fight or flight response in our horses, due to the blasting, vibrations, and noise created by the quarry/mine, increasing the risk exponentially of my children being thrown and seriously injured or killed. Who will be responsible for that? !! We will no longer be able to enjoy harvesting and cultivating the large garden we use to provide food for our family and others, due to noise and dust. Not placing noise regulations on Yahara Minerals, shows disrespect for your town residents that would be in close proximity to this site. !! In the summer, we live outside, which is when the majority of construction will take place. If approved, we will be unable to enjoy the peace and beauty of our home, which was purchased in 1994, and is an already permitted use to which this CUP2260 will cause great disruption. !! There is also the fact of a major decrease in home values from as far as 3 miles away, from 6% to excess of 30%, which will decrease the towns revenue for income taxes. If approved we will be sure to have/request regular assessments due to declined property value, which we have done nothing but improve since we’ve purchased the place. !! I am also concerned for the wildlife habitat for migratory and non-migratory animals that will be destroyed and contaminated with this quarry/mine in place. It will render the adjacent
Opposition to CUP 2260 approval
wetlands unsuitable for nesting and residences of many wildlife. This area is an environmentally sensitive area and is also a major flyway, stay over for migratory birds. The wetlands in the area and on the site will be degraded and damaged in ways that are irreparable, of which you as a town board are supposed to protect. !!! I am very disappointed in the township government and lack of concern or respect for the residents and the detrimental impact they would receive from this proposed quarry/mine. There are already open or historically active sites that can facilitate these projects without the destruction that would ensue should this approval of zoning change for CUP 2260 go through. Recycling….huh maybe that is a thought, why not reuse the road materials already there? !!! I request that you as a Town Board revisit this matter and withdraw your approval of the CUP 2260, and/or that the Zoning Committee deny the zoning change for this CUP2260 for Crazy Acres and Yahara Minerals.!!!Concerned Citizens,!Timothy & Erica Zick!690 Craig Rd!Edgerton, [email protected]!!CC: Dane County Zoning, Planning and Development!
Dane County Planning & Development Land Division Review
Date: March 11, 2014 To: Zoning & Land Regulation Committee From: Daniel Everson, Land Division Review Re: Windswept (preliminary plat)
Town of Burke, Section 24 (6 lots, 17.6 acres)
Zoning Petition #10568 C-1 to A-1, RH-1, R-1 & R-1A Proposed plat will be unsewered and staff recommends the following conditions that may be applicable in approving the preliminary plat. Dedication of Lands for public recreation within residential plats
• No residential development being proposed with this plat. Land Suitability
• Compliance with the Dane County Comprehensive Plan is to be established. Design Standards
• All lots are to meet the minimum area and width requirements of the zoning districts that are applicable.
• Lot boundaries and zoning district boundaries are to be coterminous. • Utility easements are to be provided. • The locations of existing driveways are to be shown.
Required Improvements
• No residential development being proposed with this plat. Additional conditions
• Rezone Petition #10568 is to become effective and all conditions established are to be timely satisfied. (1/13/2016)
• Town of Burke approval is to be obtained. • City of Madison approval is to be obtained (extraterritorial jurisdiction). • References to Dane County Zoning and Natural Resources Committee shall be changed
to Dane County Zoning and Land Regulation Committee.
210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI 53703-3342 Phone: 608.266.9086 Fax: 608.267.1540
• The final plat must be submitted within thirty-six (36) months from the approval date of the preliminary plat and in the case of preliminary plats given conditional approval, all conditions must be met.
210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI 53703-3342 Phone: 608.266.9086 Fax: 608.267.1540
S 89°42'02" E 1000.00'
S0
1°3
7'3
2"
W+
/-8
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0'0
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/-7
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S 80°32'25" W
303.50'
724.68'
+/23
'
N 81°21'16" W
680.11'
33.01'
739.09'
+/30'
N00°01'08
"E
C1N 89°42'02" W
1438.59'S 89°42'02" E
207.87'
AL U
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R NE R
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33' 33'
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33' 33'33'
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°11'18
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9'ONC.S.M. 112
16&S1° 11'E88
7.78
' TOTH
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LOT 1
ORDINARY HIGH WATER LINE ON DECEMBER 2, 2013WATER ELEVATION = 860.1' (NAVD88)
FISH LAKE
LOCATED IN THE NW1/4 OF THE NW1/4 OF SECTION 3, T9N, R7E, TOWN OF ROXBURY,DANE COUNTY, WISCONSIN.
0' 200' 400'
SCALE: 1" = 200'
RECORDED ASN87°30'E 207.87'
RECORDED AS N87°30'E 1000.00'
RECO
RDED
ASN3°18
'W,+\844.91'FRO
MWATER'SED
GE
DESIGNATED ACCESS TO LOT 2EXISTING DRIVEWAY JOINT DRIVEWAYEASEMENT BETWEEN THE STRAWS ANDTHE HEPOLAS RECORDED ONDOCUMENT NUMBER 4175950.NO LOCATION OR WIDTH STATED INDOCUMENT. APPROXIMATE LOCATION.
DENOTES 3/4" X 24" SOLID ROUND IRON RODWEIGHING 1.50 LBS. PER LINEAL FOOT SET.
DENOTES 3/4" SOLID ROUND IRON ROD FOUND.
DENOTES P.K. NAIL SET
1.) BEARINGS ARE GRID BASED ON THE DANE COUNTY COORDINATE SYSTEM DESIGNEDBY THE WISCONSIN DEPARTMENT OF TRANSPORTATION NAD83 (2007). THE NORTH LINEOF THE NW1/4 OF SECTION 3 BEARS S 89°42'02" E.
2.) SUBJECT TO A BLANKET EASEMENT TO WISCONSIN POWER AND LIGHT RECORDEDMARCH 13, 1939 AS DOCUMENT NUMBER 619512. LOCATION UNCERTAIN.
3.) REFER TO BUILDING SITE INFORMATION CONTAINED IN DANE COUNTY SOIL SURVEY.
LEGEND AND NOTES
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DEDICATED TO THE PUBLIC
CERTIFIED SURVEY MAP N0.
RIVER VALLEY LAND SURVEYING RECEIVED FOR RECORD THIS ______________________ DAY OF__________________________ ,2014 AT _________ ___M. ANDRECORDED IN VOLUME ______________________ OF CERTIFIEDSURVEYS ON PAGES _________________________
____________________________________REGISTER OF DEEDS
DOCUMENT NUMBER ________________ SHEET 1 OF 2
504 CEDAR STREET SAUK CITY WI 53583RICHARD MARKS PHONE (608)643 4391
PREPARED FOR:PROPERTIES ON FISH LAKE, LLCRALPH HEPOLA, MANAGING MEMBER406 WACOUTA STREET, #314ST. PAUL, MN 55101
FISH
LA
KE
RO
AD
SCHOEPP ROAD
DE
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E P
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POINT "A"
POINT "B"
POINT "C"
"C"
"A"=772.09'
2/24/2014
64066 Sq. Ft. - 1.47 ACRES ROADWAY
NO VEHICULAR ACCESS EXCEPT AS DESIGNATED
NO
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ULA
R A
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Radius = 175.00'Central Angle = 90°16'50" Arc Length = 275.75'Chord = N45°09'33"E, 248.09
S 89°42'02" E 781.12'
318.9 4
'
+/-349,400 SQ. FT. 8.02 ACRES
+/-349,400 SQ. FT. 8.02 ACRES
210.10'
470.01'
466.61'314.51'
S01°37'32"W
+/775'
670.84'
+/104'
NO VEHICULAR ACCESS
125.00'
125.0
0'
S 0
0°0
0'0
0"
E25.0
0'
S 59°58'22" W123.47'
Radius = 43.33' Central Angle = 59°58'22" Arc Length = 45.35'Long Chord = 43.31'S 29°59'11" W
Access easement for ingress and egress to Lot 1 of this certified survey.
C1
NOVE
HICULARACC
ESS
All land below elevation872 feet is undevelopable
All land below elevation872 feet is undevelopable
All land below elevation872 feet is undevelopable
NORTH LINE OF THE NW1/4 OF THE NW1/4 OF SECTION 3 DANE COUNTY LINE 2646.46' TOTAL
872'
872'
872'
Dane County Planning & Development Room 116, City-County Building, Madison, WI 53703 Phone (608) 266-4251 Fax (608) 267-1540
MEMORA ND UM
TO: ZONING AND LAND REGULATIONS COMMITTEE
FROM: CURT KODL – SENIOR PLANNER
SUBJECT: CSM APPLICATION # 9570 – FISH LAKE
DATE: 01/21/2014
CC: ROGER LANE; TODD VIOLANTE; ROBERT PINGS
History of the Parcel This CSM application proposes to divide a 16+ acre parcel into 2 legal lots. This is the same property of the recent
rezone petition #10499 which proposed 3 separate lots. As you recall from the 12/11/2013 meeting of the Zoning and Land Regulations Committee the petition was denied for the following reasons:
“The greater part of two of the proposed lots would be underwater in a flood event of 872 feet making the proposal conflict with Dane County Comprehensive Plan policies with regards to the reduction of flood prone properties. In a flood event, road access would be restricted to the area due to the flooding of Fish Lake Road and portions of Schoepp Road making access for emergency services difficult. Currently, there is reasonable use of the land given the existing zoning for a one single-family residence.”
Per the Dane County Code of Ordinances Chapter 82 - 82.54(1) County subdivision regulations are also required to be consistent with the Dane County Comprehensive Plan. Therefore this CSM will undergo similar review as Petition # 10499.
Town of Roxbury Comprehensive Plan The property is located in the Rural Development Planning Area, it is an area identified “for lower density single-
family residential development.” This area allows for residential housing having a minimum lot size of 1-acre. New minor subdivisions (CSM’s) must also me the Town’s subdivision and land division regulations.
However, this property abuts Fish Lake and as noted in the Town Plan: “For example, over the past thirty-five years, Fish Lake has risen over eight feet. This has resulted in flooding problems for nearby residents and campers, and has also impacted roadways and the public boat landing…”
And when discussing Lakes and flood mitigation the Town of Roxbury the Plan states this: ”…. It is projected that precipitation for this part of the state will continue to increase with climate change. Therefore, the Lake District and its partners may want consider alternatives to pumping that may be more sustainable.”
One Natural Resource Policy (p. 31) in the Town plan states: “Preserve environmentally sensitive areas by prohibiting new buildings in wetlands, floodplains and other locally-identified flood prone areas…”
Dane County Comprehensive Plan
In addition to the above, in the Dane County Comprehensive Plan this property is in the Rural Development and Transition Areas which states: “Continue to promote limited, compact, and efficient development” while maintaining compatibility with other uses and “Continue to refer to town plans adopted by the county board for detailed land use policies within Rural Development and Transitional Areas.”
Also, under Water Resources (p. 43) there is also an objective stating: “Prevent development from increasing the potential for flood-related problems.”
The property is in a Rural Development Planning Area, however, further development would appear to be inconsistent with the plan related to flooding and flood prone areas. This was reflected in the ZLR findings for denial of rezone petition #10499.