DANE COUNTY BOARD OF SUPERVISORS

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1 ZLR Committee Work Meeting Agenda Page 1 of 2 August 9, 2011 DANE COUNTY BOARD OF SUPERVISORS ZONING & LAND REGULATION COMMITTEE WORK MEETING AGENDA Date: Tuesday, August 9, 2011 Time: 7:30 P.M. Location: ROOM 351, CITY-COUNTY BUILDING 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, , or (TDD) I. CALL TO ORDER ITEMS TO BE CONSIDERED II. APPROVAL OF MINUTES Minutes of the 07/12/11 and 07/26/11 meetings of the Zoning & Land Regulation Committee. III. IV. PUBLIC COMMENT ZONING MAP AMENDMENTS AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE JULY 26, 2010 PUBLIC HEARING 1. PETITION # by E80 REAL ESTATE LLC to change the zoning from C-2 Commercial to C- 2 Commercial to AMEND THE DEED RESTRICTIONS TO ALLOW LIMITED SALE OF USED FLEET VEHICLES on the property located at 7120 PATTON ROAD in Section 22, Town of Vienna. V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION # AND CONDITIONAL USE PERMIT # 2157 by STOUGHTON FARMS INC to change the zoning from A-1EX Exclusive Agricultural to A-2(8) Agricultural to allow a 488 FOOT TALL FM RADIO TOWER IN THE A-2(8) ZONING DISTRICT on the property located at 3768 OLD STAGE ROAD in Section 34, Town of Rutland. 2. PETITION # by MARY LANNOYE / SEAMONSON to change the zoning from RH-3 Rural Homes to LC-1 Limited Commercial to allow a LANDSCAPE / CONTRACTING BUSINESS on the property located ADJACENT TO AND SOUTHWEST OF 1495 US HIGHWAY 12 & 18 in Section 31, Town of Deerfield.

2 ZLR Committee Work Meeting Agenda Page 2 of 2 August 9, PETITION # by MARC LEA FARMS LLC to change the zoning from A-1EX Exclusive Agricultural to RH-1 Rural Homes to allow the CREATION OF ONE RESIDENTIAL LOT in Section 27, Town of Cottage Grove. 4. PETITION # by MHG PROPERTIES to amend the Wetland Inventory Maps by removing a 0.02-acres of land from WETLAND TO NON-WETLAND on the property located in the Southeast ¼ of the Southeast ¼ of Section 33, Town of Windsor. VI. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY CERTIFIED SURVEY MAPS: a. Variance request for Michael & Brenda Shields, Town of Rutland, Section 23, to allow a proposed 1-lot Certified Survey Map to maintain less than the minimum frontage of 66-feet to facilitate the possible development of a public right-of-way that could service additional lots. Lot 1 is proposing 25 feet of road frontage from Hildreth Rd. along the NE ¼ NE ¼ Section PRELIMINARY PLATS: 3. FINAL PLATS: a. First Addition To Kilkenny Addition To Southbridge, Village of Waunakee (24 lots) (application deadline 8/16/11) Staff recommends a certification of non-objection. b. Westbridge, Village of Waunakee (296 lots) (application deadline 8/16/11) Staff recommends a certification of non-objection. VII. RESOLUTIONS 1. None. VIII. ORDINANCE AMENDMENTS 1. ORDINANCE AMENDMENT 13, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Middleton Comprehensive Plan into the Dane County Comprehensive Plan. 2. ORDINANCE AMENDMENT 16, : Amending Chapter 10, Regarding Definitions of Agricultural Uses and Revisions to the A-4 Small Lot Agricultural District. IX. OTHER BUSINESS 1. Expiring Zoning Petition per Zoning and Land Regulation Policy: a. Petition #10179, Blanche Pooche, Section 33, Town of Medina b. Petition #10214, Skaar Living Trust, Section 22, Town of Cottage Grove 2. Report of approved Certified Survey Maps a. App # 9238, Voit Family, Town of Blooming Grove, Section 5 (1 lot, 4.1 acres) b. App # 9254, Robert Johnson, Town of Christiana, Section 2 (1 lot, 1.5 acres) c. App # 9294, Pulvermacher Tr., Town of Vienna, Section 35 (3 lots, 2.7 acres) d. App # 9286, James Bechler, Town of Sun Prairie, Section 24 (2 lots, 8.0 acres) e. App # 9292, Allan Breunig, Town of Roxbury, Section 23 (2 lots, 22.9 acres) f. App # 9266, Kevin Shelley, Town of Cottage Grove, Section 14 (1 lot, 0.6 acres) X. ADJOURN Patrick Miles, Chair, Zoning & Land Regulation Committee AGENDA POSTED: August 4, 2011

3 ZLR Committee Work Meeting Minutes Page 1 of 6 July 12, 2011 NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the Committee. ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE JULY 12, 2011 MEETING MEMBERS PRESENT: Eicher, Jensen, Matano, and Miles, Bruskewitz OTHERS PRESENT: Allan, Everson, Violante I. CALL TO ORDER Chair Miles called the meeting to order at 7:39 pm in Room 351 of the City-County Building. II. APPROVAL OF MINUTES Motion by Bruskewitz / Jensen to approve the minutes of the 06/14/2011 and 06/28/2011 meetings of the Zoning & Land Regulation Committee, with the following correction to the 06/28/2011 minutes: Remove Item VII (#4), Ordinance Amendment #5, Amending Chapter 12, Exempting Farm Buildings from Zoning Permit Fees. (OA #5, was previously approved by the committee at the 4/27/2011 ZLR public hearing.) motion to approve the 06/14/2011 and 06/28/2011 minutes, as amended, carried, 5-0. III. PUBLIC COMMENT Town of Cottage Grove Chairman, Kris Hampton, expressed concerns that ZLR committee meetings haven t been starting promptly at 7:30 pm, as posted. Hampton also suggested that correspondence related to any items pending before the committee be disclosed as part of the public record. Hampton also expressed concerns about the lack of recourse for towns when the committee bases decisions on policies not found in adopted town plans.. III. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE JUNE 28, 2011 PUBLIC HEARING 1. PETITION # by J DOUBLE O LLC to change the zoning from A-1EX Exclusive Agricultural to A-2(4) Agricultural to allow the SEPARATION OF THE EXISTING RESIDENCE AND FARM BUILDINGS FROM THE FARM on the property located at 2171 NORA ROAD, in Section 27, Town of Cottage Grove. Motion by Jensen / Bruskewitz to recommend approval with town conditions; motion carried, A joint driveway is required (with 2173 Nora Road), and the entire 235 feet of road right of way is to be dedicated to the Town.

4 ZLR Committee Work Meeting Minutes Page 2 of 6 July 12, PETITION # by CANDLIN JOINT VENTURE LLC to change the zoning from A-1EX Exclusive Agricultural to R-1A Residential and A-4 to allow the SEPARATION OF THE EXISTING RESIDENCE AND FARM BUILDINGS FROM THE FARM on the property located at 4543 SCHNEIDER ROAD in Section 30, Town of Dunn. Motion by Bruskewitz / Jensen to recommend approval with the following amendment and conditions; motion carried, Amend the requested zoning districts from R-1A and A-4 to the A-2 zoning district, to be applied to the entire acre ownership parcel. 2. Limit the permitted single family residence and residential accessory structures to the 1.99 acre building envelope denoted on the survey. Agricultural buildings could be located outside the building envelope. 3. Deed restrict the A-2 zoned parcel to limit uses exclusively to the following: a. Single family residential uses b. Agricultural uses, including the keeping of livestock in associated accessory buildings c. Horse boarding stables, riding stables, hay and sleigh rides, horse shows and similar events d. Training of dogs e. Training of horses at a horse boarding facility Items c through e are conditional uses in the A-2 district, and would require subsequent application for a Conditional Use Permit, and approval by the town of Dunn and the county Zoning & Land Regulation Committee. 3. PETITION # by GEOFFREY BORMAN to change the zoning from RH-2 Rural Homes and A-2 Agricultural to RH-3 Rural Homes to allow ZONING COMPLIANCE FOR AN EXISTING PARCEL on the property located at 3006 SHADY OAK LANE in Section 04, Town of Verona. Motion by Bruskewitz / Jensen to recommend approval; motion carried, PETITION # by MARY LANNOYE to change the zoning from RH-3 Rural Homes to LC-1 Limited Commercial to allow a LANDSCAPE / CONTRACTING BUSINESS on the property located ADJACENT TO AND SOUTHWEST OF 1495 US HIGHWAY 12 & 18 in Section 31, Town of Deerfield. Motion by Bruskewitz / Matano to postpone action on the petition until documentation is received from the Wisconsin Department of Transportation regarding access to the property; motion carried, CONDITIONAL USE PERMIT # 2171 by KERRY GRIFFIN to allow A BUILDING FOR A PRIVATE CLUB on the property located at 2948 COUNTY HIGHWAY P in Section 09, Town of Springdale. Motion by Matano / Bruskewitz to approve CUP 2171 subject to the following conditions; motion carried, No signage shall be permitted. 2. Exterior lighting is limited: the garage and porch lights shall be motion-activated. Front entry lights shall be full cut-off light fixtures, switched and used only by customers as needed.

5 ZLR Committee Work Meeting Minutes Page 3 of 6 July 12, A maximum of 24 cars shall be permitted per day in the designated parking areas indicated on the parking plan submitted to the Town. Adequate access for emergency equipment shall be maintained at all times. Parking shall not be permitted in the circular drive except for loading and unloading. No on-street parking shall be permitted. 4. The use shall be limited to a combination of days in a week, not to exceed a total of 200 days a year. 5. A maximum of 24 people shall stay in the four bedrooms. No children under 14 years of age and no pets are allowed. 6. Outside activities are to be minimized during the operation of the uses permitted in this Conditional Use Permit. 7. Screenings between the house and CTH P and between the house and the neighboring property to the south shall be maintained. 8. No outdoor amplification of sound shall be permitted. 9. No retail sales shall be conducted on the property. 10. The CUP shall expire at such time that Kerry Griffin is no longer the owner and operator. 11. The groups shall be limited to individuals engaged in quilting, crafting, knitting, jewelry making and art. 6. CONDITIONAL USE PERMIT # 2175 by RAYMOND CATTELL to allow a CONCRETE BATCH PLANT on the property located at 2272 US HIGHWAY 12 & 18 in Section 34, Town of Cottage Grove. Motion by Jensen / Bruskewitz to approve CUP 2175, subject to the following conditions; motion carried, 4-0 (Eicher abstained). 1. The applicant shall submit an erosion control plan covering the entire CUP area for the duration of operations. 2. The applicant shall apply for and receive all other required local, state and federal permits. 3. Hours of operation shall be from 6:00 a.m. to 6:00 p.m. Monday through Friday, and some Saturdays when necessary from 6:00 a.m. to 4:00 p.m. Operation outside of those times will require at least 7 days notice to the Town and immediate neighbors, and shall be limited to no more than 6 projects not to exceed 30 total days / year. 4. CUP 2175 shall not become effective until a permit for connection to state trunk highway has been issued from the Wisconsin Department of Transportation (WisDOT); and operations may not begin until all improvements, as defined in the permit for connection to state trunk highway, have been completed. 5. The operator shall require all trucks and excavation equipment to have muffler systems that meet or exceed then current industry standards for noise abatement. 6. Trucks shall not use jake brakes. 7. 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. 8. Landscaping/screening: The berm along the southern boundary of the mineral extraction operation area shall be uniformly graded with pine trees at least 3 feet high, incorporating neighbor input; berms shall be built on the east boundary of the mineral extraction operation; and the berm on the western boundary must be built in such a way that maintains the access easement. 9. Install fence on northern boundary of the mineral extraction operation. 10. The operator shall meet DNR standards for particulate emissions as described in NR and NR

6 ZLR Committee Work Meeting Minutes Page 4 of 6 July 12, Operations shall cease no later than twenty-five (25) years from the date of CUP approval, with a review by the town once every 5 years. The town will report the outcome of their review to Dane County Zoning. 12. 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. V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION # AND CONDITIONAL USE PERMIT # 2157 by STOUGHTON FARMS INC to change the zoning from A-1EX Exclusive Agricultural to A-2(8) Agricultural to allow a 488 FOOT TALL FM RADIO TOWER IN THE A-2(8) ZONING DISTRICT on the property located at 3768 OLD STAGE ROAD in Section 34, Town of Rutland Committee members asked questions of Town of Rutland Chairman, Dale Beske, and the applicant / prospective buyer, Dave Magnum, and his agent, Attorney Steve Ritt. Discussion items centered on the town s findings in support of it s decision to deny the rezone and Conditional Use Permit, including concerns about negative impacts on neighboring property values, consistency with the town comprehensive plan, and potential impact to migratory bird populations, as well as the county s options for acting on the petition in light of the town s denial. Allan informed the committee that the committee cannot overturn the town s denial of the CUP, and outlined the options for ZLR action on the rezoning (postpone, recommend denial, or recommend approval with amendments). Questions and discussion also involved recent information submitted by the applicant. Chairman Beske indicated that he felt the additional information would not warrant town reconsideration of the petition. Further discussion ensued. Motion by Bruskewitz / Jensen to recommend approval with the following conditions; (no action taken on motion) 1. Deed restrict the A-2 parcel to prohibit residential development. Motion by Miles / Eicher to postpone action to allow time to consider recently submitted information; motion carried, 5-0. VI. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: None 2. FINAL PLATS: None. 3. CERTIFIED SURVEY MAPS: None. VII. RESOLUTIONS None

7 ZLR Committee Work Meeting Minutes Page 5 of 6 July 12, 2011 VIII. ORDINANCE AMENDMENTS 1. ORDINANCE AMENDMENT 4, : Amending Chapter 10 of the Dane County Code of Ordinances regarding changes to the provisions for accessory structures in various zoning districts. Allan provided a summary of town comments submitted regarding OA #4, and suggested that the Chapter 10 Task Force could consider the town feedback regarding sanitary fixtures in accessory buildings. Motion by Jensen / Matano to recommend approval of Ordinance Amendment 4; motion carried, ORDINANCE AMENDMENT NO. 7, : Amending Chapter 82 of the Dane County Code of Ordinances, incorporating the Town of Cottage Grove Comprehensive Plan into the Dane County Comprehensive Plan. Consideration of possible motion to reconsider the committee s prior action (approval). Motion by Bruskewitz / Matano to reconsider the committee s previous action on Ordinance Amendment 7; motion carried 5-0. Allan summarized potential concerns regarding the town s existing residential land use category, including the ability to re-divide existing residential lots without the requirement to obtain a development right under the town s TDR program. Town chairman Kris Hampton clarified that the policy in question would only apply to residentially zoned parcels created prior to 1981, and be limited to proposals that would fit with the existing character of the neighborhood. Allan commented that the town land use map appears to show the existing residential category applying to newer lots which would not fit the criteria outlined in the text of the plan. Allan noted that county staff will attempt to map the existing lots eligible for possible re-division under the town policy. Motion by Jensen / Matano to recommend approval of Ordinance Amendment 7; motion carried, 5-0. IX. OTHER BUSINESS 1. Annual review of the following Salvage Recycling Center licenses pursuant to Dane County Code of Ordinance, Section 10.20(3): a. Permit # , John Rowley, 1748 Springrose Rd, Verona WI (Town of Verona) b. Permit # , Richard Diehl, 5478 Norway Grove School Rd, Deforest WI (Town of Vienna) c. Permit # , Brian Outhouse, 665 Dead End Rd, Mt Horeb WI (Town of Perry) d. Permit # , Steven Suter, 3333 Femrite Dr, Madison WI (Town of Blooming Grove) e. Permit # , John Mullarkey, 936 Glenway Rd, Oregon WI (Town of Oregon) f. Permit # , Roxane Stillman, 4122 CTH AB, Madison WI (Town of Blooming Grove) g. Permit # , Michael Cutrano, 300 USH 12 & 18, Cambridge WI (Town of Christiana) Everson informed the committee that he recently conducted inspections of each of the Salvage Recycling Centers and found them to be in compliance with the county ordinance. Motion by Jensen / Matano to authorize the renewal of the above listed Salvage Recycling Center licenses; motion carried, Discussion of the progress being made to comply with Wisconsin Administrative Code NR115 mandates (Shoreland Regulations) Allan provided a handout from Senior Planner Standing summarizing proposed changes to the county s shoreland zoning regulations. Allan noted that Standing has been conducting outreach to lakefront neighborhood groups on proposed draft changes to the shoreland regulations. A joint

8 ZLR Committee Work Meeting Minutes Page 6 of 6 July 12, 2011 meeting of the Lakes and Watershed Commission and ZLR Shoreland Zoning Subcommittee is scheduled for Wednesday, July 13 th to consider and possibly recommend introduction of the draft shoreland zoning ordinance amendment. Discussion ensued, with Supervisors Miles and Jensen providing additional detail on various aspects of the draft ordinance under consideration. 3. Discussion of recent and proposed changes by the State Legislature related to zoning issues. Violante briefed the committee on the status of the state s rezoning conversion fee, which was repealed in the recently approved state biennial budget bill. Violante noted that the repeal took effect July 1 st, and that the state law requires that the local units of government retain the conversion fees collected in the first half of 2011 to be used toward farmland preservation planning, zoning, and compliance monitoring. Violante also noted that the change in state law rescinded the authority of local units to collect a separate fee to cover the implementation costs for the new farmland preservation law. County zoning will no longer collect the conversion fee, or the $55 / acre county fee. Allan provided copies of several land use related bills currently pending before the state legislature, including LRB 1144/1, which would remove county land division authority over lands located within an Extraterritorial Zoning Area (ETZ), SB 50 which repeals the wind siting rules developed by the PSC s Wind Siting Council and directs the PSC to promulgate a new set of rules that provide greater setbacks from non-participating households / properties within 6 months of adoption of SB 50, and AB 181 / SB 129 that would allow towns to challenge city / village direct annexations of town land by unanimous approval. A brief discussion ensued. Allan noted that the county s approved legislative agenda includes the following applicable item: Local Government Control: Oppose any legislation that limits or deletes local government control including opposition to levy limits and support for county home rule authority. 4. Report of approved Certified Survey Maps a. App # 9288, Ringelstetter, Town of Bristol, Section 10 (1 lot, 2.0 acres) b. App # 9290, Wis. Pwr. Light, Town of Bristol, Section 18 (1 lot, 4.75 acres) c. App # 9285, Robert Johnson, Town of Oregon, Section 26 (1 lot, 22.0 acres) d. App # 9136, Jerry Jensen, Town of Oregon, Section 15 (4 lots, 42 acres) e. App # 9280, Roland Manthe, Town of Burke, Section 4/9 (2 lots, 5.0 acres) f. App # 9279, Mary Federer, Town of Burke, Section 4/9 (2 lots, 5.0 acres) g. App # 9291, Meyer Rev. Tr., Town of Rutland, Section 3 (1 lot, 1.0 acres) h. App # 9284, Kent Walser, Town of Middleton, Section 16 (2 lots, 4.7 acres) i. App # 9271, Steve Williams, Town of Rutland, Section 7 (3 lots, 19.6 acres) j. App # 9282, Frank Acker, Town of Middleton, Section 31 (2 lots, 2.4 acres) Everson informed the committee of recently approved Certified Survey Maps. X. ADJOURN Motion by Bruskewitz / Eicher to adjourn the meeting at 10:25pm; motion carried, 5-0. Majid Allan, Recording Secretary Minutes filed with the County Clerk 07/15/11 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.

9 ZLR Committee Public Hearing Agenda Page 1 of 3 July 26, 2011 ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE JULY 26, 2011 PUBLIC HEARING MEMBERS PRESENT: Bruskewitz, Jensen, Miles, and Matano. Excused: Eicher. OTHERS PRESENT: Everson, Lane, Violante, and Members of the Public. I. CALL TO ORDER Chair Miles called the meeting to order at 7:32 pm in Room 201 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 # by TIMOTHY HOOK to change the zoning from A-1EX Exclusive Agricultural to RH-1 Rural Homes to allow the CREATION OF ONE RESIDENTIAL LOT on the property located at 5507 NIESEN ROAD in Section 24, Town of Berry. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Jensen to recommend approval; motion carried, PETITION # by JOSEPH SELTZNER to change the zoning from A-1EX Exclusive Agricultural to A- 2(1) Agricultural, A-2(2) Agricultural and A-4 to allow the CREATION OF ONE RESIDENTIAL LOT on the property located at 2944 BAILEY RD in Section 18, Town of Sun Prairie. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Jensen / Matano to recommend approval; motion carried, PETITION # by E80 REAL ESTATE LLC to change the zoning from C-2 Commercial to C-2 Commercial to AMEND THE DEED RESTRICTIONS TO ALLOW LIMITED SALE OF USED FLEET VEHICLES on the property located at 7120 PATTON ROAD in Section 22, Town of Vienna. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Pending Motion by Matano / Bruskewitz to postpone; motion carried, 4-0.

10 ZLR Committee Public Hearing Agenda Page 2 of 3 July 26, PETITION # by JOHN & SHARON PERTZBORN to change the zoning from RH-2 Rural Homes, RH-4 Rural Homes and A-1EX Exclusive Agricultural to RH-2 Rural Homes, A-4 and A-2 Agricultural to allow the ADJUSTMENT OF LOT LINES AND ZONING COMPLIANCE on the property located NEAR 9917 CARTER RD in Section 14, Town of Mazomanie and Section 23, Black Earth. IN FAVOR: Janice Faga, representing the Pertzborns, requested that the properties north of Carter Road be withdrawn from the petition. OPPOSED: None STAFF: P&D, HWY TOWN: Mazomanie: Pending Black Earth: Pending Motion by Matano / Bruskewitz to postpone; motion carried, PETITION # by MID-TOWN CENTER LLC to change the zoning from C-2 Commercial to B-1 Local Business to allow BUSINESS USES on the property located at the corner of NOVATION PARKWAY AND LATITUDE 43 STREET in Section 36, Town of Madison. IN FAVOR: Adam Winkler represented the Alexander Company OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Bruskewitz to recommend approval; motion carried, CONDITIONAL USE PERMIT # 2173 by SILVIN KURT to ALLOW A RESIDENCE FOR A FARM EMPLOYEE on the property located at 4458 RIDGE ROAD in Section 02, Town of Cottage Grove. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Jensen to approve with the following conditions; motion carried, The secondary farm residence allowed under this permit shall be located as shown on the site drawing submitted with petition # The conditional use permit shall expire upon sale of the property to an unrelated 3 rd party or such time as the secondary residence is no longer utilized by an employee of the farm operation. 3. Any conditional use permit found to be in violation of the farm income requirement in s (3)(bm) of the Dane County Code of Ordinances may be revoked by the county Zoning Committee. 7. CONDITIONAL USE PERMIT # 2174 by ROBERT BLIEFERNICHT to allow a RESIDENCE FOR OWNER OF THE BUSINESS on the property located SOUTH OF 4168 MUELLER RD, in Section 16, Town of Windsor. IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions. Motion by Matano / Jensen to approve with the following conditions; motion carried, The residence shall be used exclusively by the owner or caretaker of the business and shall not be rented to a third party. 2. If the business ceases to be operated on the premise, this conditional use permit shall be rendered null and void. The zoning of the property shall be amended to a residential zoning district within one year. 3. All equipment must be stored indoors, in the shed or shop buildings.

11 ZLR Committee Public Hearing Agenda Page 3 of 3 July 26, Outdoor storage of equipment or material is prohibit between the front of the buildings and Mueller Road. 5. All equipment maintenance shall be conducted within a building. 6. Residence shall not exceed 35 feet, or 2 1/2 stories in height. 7. The driveway shall be located on the east side of the property with access to the future configuration of Mueller Road. 8. The total size of any business signage shall not exceed 8 square feet. 9. The building housing the business activity shall not exceed 4800 square feet. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. None. V. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: a. None 2. FINAL PLATS: a. Conservancy View, City of Middleton (37 lots) (7 acres) (application deadline 7/31/11) Staff recommends a certification of non-objection. Motion by Matano / Jensen to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; motion carried, CERTIFIED SURVEY MAPS: a. None VI. RESOLUTIONS 1. None VII. ORDINANCE AMENDMENTS 1. None VIII. OTHER BUSINESS 1. Supervisor Matano distributed information to the Committee regarding a proposed State Legislative change to the elements that must be included in County s Development Plan (LRB-1124/2). IX. ADJOURN Motion by Matano / Bruskewitz to adjourn the meeting at 7:53pm; motion carried, 4-0. Roger Lane, Recording Secretary Minutes filed with the County Clerk 07/27/11 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.

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13 TOWN ACTION RECOMMENDATION STAFF REPORT DANE COUNTY ZONING & LAND REGULATION COMMITTEE Dane County Application for Change in Zoning or CUP Hearing Date: 7/26/2011 Item #: 3 Zoning Petition #: C.U.P. #: None Internal Tracking Number: RECU25854 Town/Section: Town of Vienna/22 Applicant: E80 REAL ESTATE LLC Location: 7120 PATTON ROAD Area: 10.1 acres Delayed Effective Date: YES Change: From C-2 Commercial To C-2 Commercial Rezone Reason: AMEND DEED RESTRICTION TO ALLOW LIMITED SALE OF USED FLEET VEHICLES Description: E80 Plus Constructors provides railroad bridge inspection, design, construction, and repair, along with an array of engineering services. Applicant is requesting an amendment to the commercial use restrictions on the property to allow the on-site sale of used / fleet vehicles. Observations: An area of slopes over 12% grade is present on the property. No additional development is proposed in this area. Town Plan: The property is located in an agricultural preservation area. Town plan policies allow for commercial uses that are compatible with a rural location. Staff: The proposed amendment of restrictions to allow the sale of used / fleet vehicles appears consistent with town plan policies. Staff recommends that all previous restrictions remain in effect, and that the restrictions be amended as follows: all vehicles for sale be kept indoors; sales limited to no more than 30 vehicles / year; prohibit billboard signage; maintain compliance with town / developer agreement; and comply with all requirements of state dealer license. 7/26 ZLR: Postponed due to no town action. Town: Approved with condition. ZLR COMMITTEE ACTION - REZONING ZLR CUP APPROVAL Approved Postponed Appoved As Specified by Town Approve Cond/Amnd Town Cond/Amnd Comm Con by ZLR DENY Denied As Ccnditioned Date COUNTY BOARD ACTION Subject To: Amended Changed Zone Dist. REZONING Conditions Amendments Changed Boundary Description Referred Date Approved Amended on Floor IF CUP: DENY DENY County Board Agenda Item Conditions None Vote Action Date -

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21 STAFF REPORT DANE COUNTY ZONING & LAND REGULATION COMMITTEE Dane County Application for Change in Zoning or CUP Hearing Date: 6/28/2011 Item #: 7 Zoning Petition #: C.U.P. #: None Town/Section: Town of Deerfield/31 Internal Tracking Number: RECU25847 Applicant: MARY LANNOYE / Location: LAND ADJACENT TO AND SEAMONSON LAWN MANAGEMENT LLC SW OF 1495 US HIGHWAY 12 & 18 Area: 2.3 acres Delayed Effective Date: YES Rezone Reason: LIMITED Change: From RH-3 Rural Homes To LC-1 Limited COMMERCIAL USES LANDSCAPE Commercial OR OTHER CONTRACTING BUSINESS Description: Applicant requests to create a new LC-1 zoned parcel to operate a lawn care/landscape/snow removal business. The applicant intends to construct a pole barn / Cleary type of building in which to store equipment and materials used in the business. There would be no customer traffic / onsite sales. Observations: Majority of the zoning area is Class II soils. Safe ingress / egress to the property, particularly for trucks hauling equipment / materials, is a concern at this location along Hwy 12/18 where the speed limit is 55 mph. The applicant is applying for a change of use permit with the WI DOT. Issuance of the permit will be dependent upon adequate site distances. Town Plan: The property is in an ag preservation area. Commercial uses compatible with a rural area and rural residential uses may be permitted. However, town policies also call for limiting, development along USH to help preserve it as a throughway. Staff: Safe ingress/egress for landscape trucks, including trucks delivering materials to the site, is a critical issue with this petition. A sample of traffic accident data obtained from the Sheriff s office show at least 12 accidents occurred on this stretch of USH 12/18 between Deerfield Road and Oak Park Road between WI DOT staff will conduct a site visit to determine if adequate site distances exist. 6/28 ZLR: Postponed due to no town action and opposition from neighbors concerns for traffic safety and visual esthetics. 7/12 ZLR: Postponed to allow Dane County Highway Department to review traffic safety issue. Staff Update: Pam Dunphy, Traffic Engineer for Dane County Highway Department, reviewed access point on Hwy 12. She stated that there was adequate site distance for the driveway. She suggested that the driveway be widened to ease truck turning. The State Highway Department has approved the commercial driveway access for this area. Town: Approved with no conditions. Staff recommendations: Staff suggests that the zoning boundary be amended so that the LC-1 area may not be separated from the original parcel. See attached map. Staff also suggests that a deed restriction be placed on the property limiting the land use in the LC-1 area exclusively to Landscaping/lawncare/snowplowing business with no outdoor storage of materials. TOWN ACTION RECOMMENDATION ZLR COMMITTEE ACTION - REZONING ZLR CUP APPROVAL Approved Postponed Appoved As Specified by Town Approve Cond/Amnd Town Cond/Amnd Comm Con by ZLR DENY Denied As Ccnditioned Date COUNTY BOARD ACTION Subject To: Amended Changed Zone Dist. REZONING Conditions Amendments Changed Boundary Description Referred Date Approved Amended on Floor IF CUP: DENY DENY County Board Agenda Item Conditions None Vote Action Date -

22 Deerfield Road A RH A-2(4) 8573 A-1(EX) 3877 Deerfield Road A-1(EX) 2057 Thorstad Lane A-2(4) 9710 CUP 556 A (/ 12 RH RH A-2(1) 8561 CUP 1799 A CUP 556 To LC-1 A-1(EX) 3877 RH A-1(EX) ,000 Feet RH Petition Lannoye / Seamonson Suggested Zoning Boundary

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29 STAFF REPORT DANE COUNTY ZONING & LAND REGULATION COMMITTEE Dane County Application for Change in Zoning or CUP Hearing Date: 5/24/2011 Item #: 6 Zoning Petition #: C.U.P. #: None Internal Tracking Number: RECU25846 Town/Section: Town of Cottage Grove/27 Applicant: MARC LEA FARMS LLC Location: NW ¼ of the NE ¼ of Section 27 Area: 2.0 acres Delayed Effective Date: YES Change: From A-1EX Exclusive Agricultural To RH-1 Rezone Reason: CREATION OF ONE RESIDENTIAL LOT Rural Homes Description: The Dave Hanson would like to purchase 43 acres of the Mark Lea 160-acre farm, north of Nora Road. He would like to construct a house on the eastern edge of the property on top of a hill. Observations: The proposed home site is approximately 1000 feet from Nora Road. There are Class II soils along Nora Road but not on the hillside. The proposed site and driveway is located just outside the steep slope topography. Town Plan: The plan designates this area as an Agricultural Preservation Area. New home sites are limited to 2 acres in size. Proposed home sites are evaluated by the Town on a case-by-case basis using development standards adopted by the Town. Staff: The proposal meets the dimensional standards of the zoning district. Town: The Town Plan Commission expressed concerns with the proposal. The Town Board approved the petition with conditions. 5/24 ZLR: Postpone due to public opposition, via , regarding the location of a house on a rustic road. 6/14 ZLR: The ZLR Committee recommended denial of the petition based on the development having a negative impact on the irreplaceable natural beauty along Nora Road. County Board: The Board referred the petition back to the ZLR Committee in hopes that the petitioner could find an alternative location on the property. Update: County Staff has been working with the petitioner in finding a location that would reduce the visual impact of the house from Nora Road. The petitioner has made adjustments to the site by developing a grading plan that would locate the house on the backside of the hill, partially hiding the house from sight. The proposed location is outside the Class II soils, away from the floodplain, and avoids the steep slope topography. TOWN ACTION RECOMMENDATION ZLR COMMITTEE ACTION - REZONING ZLR CUP APPROVAL Approved Postponed Appoved As Specified by Town Approve Cond/Amnd Town Cond/Amnd Comm Con by ZLR DENY Denied As Ccnditioned Date COUNTY BOARD ACTION Subject To: Amended Changed Zone Dist. REZONING Conditions Amendments Changed Boundary Description Referred Date Approved Amended on Floor IF CUP: DENY DENY County Board Agenda Item Conditions None Vote Action Date -

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33 View A View B Dane County Proposed Home Site Overview

34 Dane County Proposed Home Tree Screening

35 Dane County Proposed Home View A at 1700

36 Canon 5D / 24-70mm 70mm Existing Home Comparison View at 1700

37 Dane County Proposed Home View B at 1200

38 Canon 5D / 24-70mm 70mm Existing Home Comparison View at 1200

39 900 To RH-1 under # To A-4 Nora Road To A-4 To RH-1 Under #10324 Mark Lea Farm Boundary Feet Legend Wetlands > 2 acres 100-year floodplain 10 foot Intervals Petition Marc Lea Farm Placement of Housing Density Rights

40 To RH-1 under #10314 To A-4 Nora Road To A-4 To RH-1 Under #10324 Mark Lea Farm Boundary Feet Legend Significant Soils Class Class 1 Class 2 Petition Marc Lea Farm Classification of Soils

41 STAFF REPORT DANE COUNTY ZONING & LAND REGULATION COMMITTEE Dane County Application for Change in Zoning or CUP Hearing Date: 6/28/2011 Item #: 8 Zoning Petition #: C.U.P. #: None Internal Tracking Number: RECU25848 Town/Section: Town of Windsor/33 Applicant: MHG Properties / Town of Windsor Location: Southeast ¼ of the Southeast ¼ of Section 33, REVERE TRAILS CONDOMINIUM Area: 0.02 acres Delayed Effective Date: NO Change: Amending the Adopted DNR Wetland Inventory Map from Wetland to Non-Wetland Description: The petitioner request approval to place a public street through an area identified as being part of a wetland. The proposed roadway will permit access from the Terrace Park Subdivision, to the North, to Highway 19. Observations: There is a pending violation occurring due to the developer constructing a culvert for Revere Pass without the necessary approvals. The DNR and Army Corps of Engineering are currently dealing with this violation. Town Plan: The Town Plan shows this area as part of the planned street system for the area. Staff: In order to remove areas from wetlands, the ZLR Committee must find that the removal does not adversely impact items noted in DCCO 11.10(2). See attached. PLAT Rezone Reason: WETLAND TO NON- WETLAND for a Public Road Staff suggests postponement of this petition until comments are received from the Wisconsin DNR and Army Corps of Engineers on the resolution of the pending violation. Town: Approved with no conditions. Update: The petitioner received approvals from the Army Corps of Engineers as well as the DNR. TOWN ACTION RECOMMENDATION ZLR COMMITTEE ACTION - REZONING ZLR CUP APPROVAL Approved Postponed Appoved As Specified by Town Approve Cond/Amnd Town Cond/Amnd Comm Con by ZLR DENY Denied As Ccnditioned Date COUNTY BOARD ACTION Subject To: Amended Changed Zone Dist. REZONING Conditions Amendments Changed Boundary Description Referred Date Approved Amended on Floor IF CUP: DENY DENY County Board Agenda Item Conditions None Vote Action Date -

42 North Towne Road (/ 51 Reardon Road Bear Tree Parkway Village of DeForest Pederson Crossing Boulevard Town of Windsor Forest Park Drive Winding Way Terrace Park Subdivision Shadows Court Terrace Circle Aric Avenue Kimberly Way Revere Trails Condo Plat Removal from Wetlands Egre Road Portage Road Æ 19 Pederson Drive Mielke Street Williamsburg Way Roanoke Lane Hano ver Drive Maple Street Town of Burke Mary Ida Drive ,000 2,000 Feet Legend Wetlands > 2 acres Petition MHG Properties

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58 Comprehensive Plan Map H.4.1: Future Land Use with Building Footprints Town of Middleton Future Land Use Building Footprints Along U.S. Highway 14 Comm ercial Public Resource Lands Comm ercial Recreation Residential (Inclueds Institutional, Mixed Use, and Res earc h and Development) April 19, ,000 Feet Data Sources: Dane County Land Information Office CARPC

59 !(!(!(!( Bronner Road!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( Toepfer Road Rocky Dell Road Low Road Vosen Road Twin Valley Road Nina Lane Blackhawk Road!(!(!(!(!(!(!(!(!(!(!(!(!(!( Airport Road 14 United States Highway Rose Court Capitol Court!(!(!(!(!(!(!(!(!(!(!(!( City of Middleton!(!(!(!(!(!(!(!( Comprehensive Plan Future Land Use Legend Central Urban Service Area Boundary Map H.4: Future Land Use!( Extraterritorial Zoning Limit Agreement (City of Middleton)!( Intergovernmental Boundary Line (City of Madison) Town Ordinance Transition Area Intergovernmental Agreement Transition Area Commercial Open Space Commercial Recreation July 26, 2010 Residential (Includes Institutional, Mixed Use, and Research and Development) D:\td_4_gis\MiddletonT_CompPlan_ \arc\MXD\DocMaps\H-4 Future Land Use.mxd Timber Lane Timber Lane Timber Lane Sequoia Trail Timber Lane Caribou Road Betsy Lane Swoboda Road W Old Sauk Road Almor Drive Sabaka Trail Mound View Road ²³ ²µ Pioneer Road!(!(!(!(!(!(!(!(!(!(!(!(!(!( Mineral Point Road!( Valley View Road!(!(!(!(!(!(!( Elderberry Road Agreement line shifts upon completion of new road Elderberry Road City of Madison Seybold Road. Facilities Legend ²µ Fire Station #2 ²³ Town Hall Map Legend Town of Middleton City of Madison City of Middleton Data Sources: Dane County Land Information Office CARPC Miles

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61 TO: Room 116, City-County Building, Madison, Wisconsin Fax (608) ZLR Committee Housing & Economic Development (608) , Rm. 362 FROM: Majid Allan, Senior Planner DATE: August 3, 2011 RE: CC: Staff recommendation to indefinitely postpone OA #16, , regarding revisions to the A-4 District Roger Lane, Zoning Administrator Todd Violante, Department Director Chapter 10 Task Force Planning (608) , Rm. 116 Records & Support (608) , Rm. 116 Zoning (608) , Rm. 116 Ordinance Amendment #16, , regarding revisions to the A-4 zoning district, was introduced in September 16, 2010 and proposed changes to various definitions and district regulations to meet requirements for state certification of the district as a farmland preservation ordinance. Because the current A-4 district is already considered a certified farmland preservation zoning district, approving the ordinance at this time would trigger a requirement for state recertification, ahead of the current deadline of December 31, Also, because the state recently repealed the rezoning conversion fees, an amendment to OA 16 would be needed to remove the reference to the fees, which in turn would trigger town review of OA 16 after a 1 year hiatus. For these reasons, staff recommends that OA 16 be postponed indefinitely in committee. Following adoption of the new county farmland preservation plan, staff will continue to work with the Chapter 10 Task Force to develop and draft ordinance amendments to achieve state certification of each of the county s farmland preservation zoning districts (A-1EX, A-4, and proposed A-B). In summary, OA 16 will eventually be replaced by a new A-4 amendment to be drafted and submitted along with amendments to the county s other farmland preservation districts.

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