DANE COUNTY BOARD OF SUPERVISORS

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1 ZLR Committee Work Meeting Agenda Page 1 of 3 November 13, 2012 DANE COUNTY BOARD OF SUPERVISORS ZONING & LAND REGULATION COMMITTEE WORK MEETING AGENDA Date: Tuesday, November 13, 2012 Time: 7:00 P.M. Location: ROOM 354, City-County Building, 210 MLJK 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, , or (TDD) ITEMS TO BE CONSIDERED I. CALL TO ORDER II. APPROVAL OF MINUTES Minutes of the 10/23/12 meeting of the Zoning & Land Regulation Committee III. PUBLIC COMMENT IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE OCTOBER 23, 2012 PUBLIC HEARING 1. PETITION: REZONE APPLICANT: JOEL G GRANT LOCATION: 2416 SPRING ROSE ROAD, SECTION 19, TOWN OF VERONA CHANGE FROM: A-1EX Agriculture District TO C-2 Commercial District and A-4 Small Lot Agriculture REASON: zoning compliance for structures 2. PETITION: REZONE and CUP 2212 APPLICANT: MICHAEL A ENDRES LOCATION: 7321 LATHAM ROAD, SECTION 17, TOWN OF DANE CHANGE FROM: RH-1 Rural Homes District TO A-2 (2) Agriculture District and A-1EX Agriculture District TO A-2 (2) Agriculture District REASON: adding additional land for limited family business CUP DESCRIPTION: limited family business

2 ZLR Committee Work Meeting Agenda Page 2 of 3 November 13, PETITION: REZONE APPLICANT: GEORGE ROTAR LOCATION: WEST OF 3335 QUAM DRIVE, SECTION 25, TOWN OF DUNN CHANGE FROM: B-1 Local Business District TO LC-1 Limited Commercial Dist REASON: limited commercial uses landscaping 4. PETITION: REZONE APPLICANT: JON LARSON LOCATION: 3205 BERGUM ROAD, SECTION 3, TOWN OF BLUE MOUNDS CHANGE FROM: A-1EX Agriculture District to A-2(2) Agriculture District REASON: creating one residential lot 5. PETITION: CUP 2216 APPLICANT: CYRIL E CONVERSE LOCATION: 4708 STATE HIGHWAY 73, SECTION 4, TOWN OF DEERFIELD CUP DESCRIPTION: communication tower expansion V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION: REZONE APPLICANT: BELDA FARMS INC LOCATION: 3838 COUNTY HIGHWAY V, SECTION 3, TOWN OF WINDSOR CHANGE FROM: A-1EX Agriculture District TO R-1 Residence District REASON: separation of existing residence VI. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: None 2. FINAL PLATS: None. 3. CERTIFIED SURVEY MAPS: None. VII. RESOLUTIONS 1. None. VIII. ORDINANCE AMENDMENTS 1. None. IX. OTHER BUSINESS 1. Approval of the 2013 Zoning and Land Regulation Committee meeting schedule 2. Report of approved Certified Survey Maps a. APP # 9420, Goodwiler, Town of Mazomanie, Section 25/26 (2 lots, 26.8 acres) b. APP # 9412, Kalscheur, Town of Springfield, Section 27 (4 lots, 39.4 acres) c. APP # 9426, Burns, Town of Albion, Section 18 (1 lot, 24 acres) d. APP # 9427, John Skaar, Town of Cottage Grove, Section 22 (3 lots, 4.3 acres) e. APP # 9423, Buchner Estate, Town of Springfield, Section 19 (1 lot, 5.0 acres) f. APP # 8978, Kotlowski, Town of Pleasant Springs, Section 30 (1 lot, 0.3 acres) g. APP # 9428, FJD Farm, Town of Deerfield, Section 21 (1 lot, 2.3 acres) h. APP # 9421, Motl, Town of Medina, Section 8 (3 lots, 69.7 acres)

3 ZLR Committee Work Meeting Agenda Page 3 of 3 November 13, 2012 i. APP # 9422, Riesop, Town of Sun Prairie, Section 36 (1 lot, 1.0 acre) j. APP # 9438, Poff Properties, Town of Albion, Section 14 (1 lot, 4.0 acres) k. APP # 9430, Madigan, Town of Dane, Section 35 (1 lot, 5.0 acres) l. APP # 9431, Krall, Town of Deerfield, Section 9 (2 lots, 8.3 acres) m. APP # 9432, Bomkamp, Town of York, Section 21 (2 lots, 38.5 acres) n. APP # 9441, Furry, Town of Cross Plains, Section 36 (2 lots, 9.6 acres) o. APP # 9440, Chopra, Town of Verona, Section 6 (1 lot, 7.4 acres) p. APP # 9276, Wagner, Town of Middleton, Section 7 (1 lot, 1.8 acres) X. ADJOURN Patrick Miles, Chair, Zoning & Land Regulation Committee AGENDA POSTED: November 8, 2012

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5 ZLR Committee Public Hearing Agenda Page 1 of 13 October 23, 2012 ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE OCTOBER 23, 2012 PUBLIC HEARING MEMBERS PRESENT: Bollig, Hendrick, Miles, and Matano. YOUTH IN GOVERNANCE PROGRAM (YGP) MEMBERS PRESENT: Severson. Morales arrived at 7:30pm. OTHERS PRESENT: Allan, Everson, Lane, Standing, Violante, and Members of the Public. I. CALL TO ORDER Chair Miles called the meeting to order at 7:04pm in Room 201 of the City-County Building. II. PUBLIC COMMENT None. III. PUBLIC HEARING FOR ZONING MAP AMENDMENTS, CONDITIONAL USE PERMIT APPLICATIONS, RESOLUTIONS, AND ORDINANCE AMENDMENTS 1. PETITION: REZONE APPLICANT: RANDY DOCKEN LOCATION: 2469 DOCKEN ROAD, SECTION 14, TOWN OF BLUE MOUNDS CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District REASON: creating one residential lot IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Hendrick / Matano to recommend approval with condition; motion carried, 4-0. YGP vote: A deed restriction shall be recorded on parcel to prohibit further residential development on the remaining A-1 Exclusive property. 2. PETITION: REZONE APPLICANT: TREK TRAILS LLC LOCATION: 1200 FEET EAST OF 5982 CHERRY LANE, SECTION 12, TOWN OF MEDINA CHANGE FROM: A-1EX Agriculture District TO RE-1 Recreational District REASON: zoning compliance for structures IN FAVOR: Dewayne Buratti representing Trek Trails OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Hendrick / Matano to recommend approval with condition; motion carried, 4-0. YGP vote: The RE-1 Zoning District boundary shall be deed restricted to prohibit residential dwellings.

6 ZLR Committee Public Hearing Agenda Page 2 of 13 October 23, PETITION: REZONE APPLICANT: GOODSPEED HOLDINGS LLC LOCATION: 1481 COUNTY HIGHWAY D, SECTION 4, TOWN OF OREGON CHANGE FROM: A-1EX Agriculture District TO R-1A Residence District REASON: separation of existing residence IN FAVOR: Dave Goodspeed OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Bollig / Hendrick to recommend approval with condition; motion carried, 4-0. YGP vote: A joint driveway agreement shall be recorded with the Register of Deeds. 4. PETITION: REZONE APPLICANT: RADEMACHER LIVING TR, BRUCE & SHELLY LOCATION: 5007 COUNTY HIGHWAY TT, SECTION 34, TOWN OF SUN PRAIRIE CHANGE FROM: A-1EX Agriculture District TO R-1 Residence District, A-1EX Agriculture District TO A-2 (2) Agriculture District REASON: separation of existing residence IN FAVOR: Joan Rademacher OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Hendrick / Matano to recommend approval with condition; motion carried, 4-0. YGP vote: A deed restriction shall be recorded on A-2(2) parcel to prohibit residential development on the property. 5. PETITION: REZONE APPLICANT: AESCHLIMANN ENTERPRISES LLC LOCATION: 4473 BLUE MOUNDS TRAIL, SECTION 9, TOWN OF VERMONT CHANGE FROM: A-1EX Agriculture District TO A-2 Agriculture District REASON: separation of existing residence IN FAVOR: Mondy Aeschlimann, Katie MacDonald OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Hendrick / Bollig to recommend approval; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: THOMAS H ADLER LOCATION: 4062 OBSERVATORY ROAD, SECTION 16, TOWN OF CROSS PLAINS CHANGE FROM: A-1EX Agriculture District TO RH-3 Rural Homes District REASON: zoning compliance for structures IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Hendrick to recommend approval; motion carried, 4-0. YGP vote: 1-0.

7 ZLR Committee Public Hearing Agenda Page 3 of 13 October 23, PETITION: REZONE APPLICANT: JOEL G GRANT LOCATION: 2416 SPRING ROSE ROAD, SECTION 19, TOWN OF VERONA CHANGE FROM: A-1EX Agriculture District TO C-2 Commercial District and A-4 Small Lot Agriculture REASON: zoning compliance for structures IN FAVOR: Gordon Grant representing Maple Leaf Landscaping OPPOSED: Robert Blasdel was concerned on the effect of property values due to noise and traffic. STAFF: P&D, HWY TOWN: Approved with conditions Motion by Hendrick / Matano to postpone due to public opposition; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: TMS INVESTMENTS LLC LOCATION: 7712 COUNTY HIGHWAY A, SECTION 18, TOWN OF MONTROSE CHANGE FROM: A-1EX Agriculture District TO A-2 (1) Agriculture District REASON: zoning compliance for structures IN FAVOR: Greg Thompson OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Hendrick to recommend approval; motion carried, 4-0. YGP vote: PETITION: REZONE and CUP 2212 APPLICANT: MICHAEL A ENDRES LOCATION: 7321 LATHAM ROAD, SECTION 17, TOWN OF DANE CHANGE FROM: RH-1 Rural Homes District TO A-2 (2) Agriculture District and A-1EX Agriculture District TO A-2 (2) Agriculture District REASON: adding additional land for limited family business CUP DESCRIPTION: limited family business IN FAVOR: Petitioner OPPOSED: Town Chair Robert Lee was concerned with the effects on property values and traffic due to this development. STAFF: P&D, HWY TOWN: Zoning: Approved with conditions CUP: Approved with conditions. Motion by Bollig / Hendrick to postpone the rezoning petition and the conditional use application due to public opposition; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: HARLAND H HOESLY LOCATION: 2998 FADNESS ROAD, SECTION 3, TOWN OF CHRISTIANA CHANGE FROM: A-1EX Agriculture District TO A-4 Agriculture District, A-2 (4) Agriculture District and RH-2 Rural Homes District REASON: separate residence and farm buildings from the farm IN FAVOR: David Dinkle, representing the petitioner, requested that the petition be postponed. OPPOSED: Joe Harris was concerned with the residential driveway being too close to his house and that the development would have a negative effect on property values. STAFF: P&D, HWY TOWN: Approved with no conditions. Motion by Matano / Hendrick to postpone due to no town action and public opposition; motion carried, 4-0. YGP vote: 1-0.

8 ZLR Committee Public Hearing Agenda Page 4 of 13 October 23, 2012 Note: Cruz arrived at 7:30pm. 11. PETITION: REZONE APPLICANT: JON LARSON LOCATION: BERGUM ROAD, SECTION 3, TOWN OF BLUE MOUNDS CHANGE FROM: A-1EX Agriculture District to A-2(2) Agriculture District REASON: creating one residential lot IN FAVOR: Lee Ann Dillis updated the committee on the proposed upgrades to the property; Fire Chief Craig Brinkman of the Mount Horeb Joint Fire Department explained that his department is responsible for emergency services for the area and that the site does not pose any problems with providing emergency services; Jon Larson questioned the ZLR Committee s idea of an acceptable length for a driveway. OPPOSED: Gene Spellman stated that he is not in favor of an emergency access across his property. STAFF: P&D, HWY TOWN: Approved with comments Supervisor Hendrick expressed concerns that the development of the property would not promote the health, safety, and general welfare of the public. The location of the dwelling was distant to any public right-of-way. The location would possibly be unsafe given the 80-acre property is accessed only through an easement and does not front along a public right-of-way at any point. The site may cause access difficulties for public services. Supervisor Bollig stated that the petitioner should have an opportunity to relocate the homesite on the property. Cruz questioned development near a floodplain. Motion by Bollig / Matano to postpone action to allow the petitioner to explore alternative building sites; motion carried, 4-0. YGP vote: PETITION: CUP 2214 APPLICANT: RUSSEL R WEISENSEL LOCATION: 7018 TWIN LAKE ROAD, SECTION 24, TOWN OF BRISTOL CUP DESCRIPTION: 195' self-support lattice cell tower IN FAVOR: Ray Shinkle representing T-Mobile, Russell Weisensel OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Hendrick to approve Conditional Use Permit #2214 with 19 conditions; motion carried, 4-0. YGP vote: The primary use of the communication tower permitted under Conditional Use Permit No shall be for the transmission and reception of cellular/pcs wireless voice / data communications, and related telecommunications equipment. 2. The communication tower placed, constructed or modified under Conditional Use Permit No shall accommodate the collocation of telecommunications equipment for at least three (3) additional telecommunications providers. At least two (2) of the three (3) collocation spots shall be made available at a minimum height of 150 feet above ground level (AGL), upon request of another carrier. The maximum height of the tower shall not exceed 199 feet above ground level. 3. The minimum of three (3) collocation sites required hereunder need not be available on the tower as initially placed, constructed, or modified, provided that the tower will support the later addition of the collocation sites as specified in condition #2, above. 4. Collocation sites required hereunder shall, upon request, be made available by the holder of Conditional Use Permit No for the mounting of technologically compatible antenna arrays and equipment at the prevailing market rate in the region and upon contractual provisions which are standard in the industry. 5. Subject to further conditions set forth herein as to total floor area and location, the holder of Conditional Use Permit No is permitted to construct a building of no more than 14 feet in height (as defined in

9 ZLR Committee Public Hearing Agenda Page 5 of 13 October 23, 2012 section (8) of the Dane County Zoning Ordinance in effect in March 1997) and 314 square feet in floor area for use directly incidental and necessary to the use of the tower. Any other user collocating on the tower permitted herein is permitted to construct a building of no more than 14 feet in height (as defined in section (8) of the Dane County Zoning Ordinance in effect in March 1997) and 314 square feet in floor area for use directly incidental and necessary to the use of the tower. Two or more users of the tower may build a single building with a floor area of no more than 314 square feet per user sharing the building. Buildings constructed or used by tower collocators shall be subject to all conditions established for Conditional Use Permit No.2214, including locational requirements contained in the site plan. 6. The holder of Conditional Use Permit No shall, through ownership, lease, option or other means, at all times have the right to use the land associated with the permitted tower for uses related to the use of the collocation sites required hereunder, including the construction and use of buildings as permitted under paragraph 5 herein. 7. The final site plan(s) and design drawings dated 6/1/2012 and submitted with the CUP #2214 application materials, are fully incorporated herein and continued effectiveness of Conditional Use Permit No is expressly conditioned upon compliance with those plans. 8. Upon written inquiry by the committee, the holder of Conditional Use Permit No shall have the burden of presenting to the committee credible evidence establishing to a reasonable certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. In the event the committee determines that it is necessary to consult with a third party to ascertain compliance with conditions on Conditional Use Permit No. 2214, all reasonable costs and expenses associated with such consultation shall be borne by the holder of said conditional use permit. Failure to pay such costs and expenses or provide information requested by the committee shall be grounds for revocation of the conditional use permit. 9. The holder of Conditional Use Permit No shall within 30 days of any collocation on the permitted tower provide the committee with written notification of the identity of the collocator and the nature of the equipment installed. Within 30 days of the date on which any collocated use ceases, the permit holder shall provide the committee with written notice of the cessation of such use. Any changes due to collocation or otherwise shall be reviewed by the Zoning Administrator prior to implementation to determine if permits are needed and to determine that such changes are in compliance with terms of the CUP and does not significantly alter the appearance or structural integrity of the tower approved and permitted under this CUP. 10. If at any time the communication tower permitted under Conditional Use Permit No ceases to be used for the primary use, as identified in paragraph 1 above, for a continuous period of 12 months the permit holder shall, upon notification by the committee, dismantle and remove the tower. If the tower is not removed within 30 days of such notification, Dane County may enter upon the premises and remove the tower at the expense of the holder of the conditional use permit. 11. Prior to issuance of the requested conditional use permit, and as a condition of its continued validity, applicant shall provide Dane County with a bond, or evidence of an existing bond, in the amount of $20,000 ensuring performance of applicant's obligation to remove any communication tower, array or any other equipment or structure placed or erected pursuant to the conditional use permit, including payment for such removal by Dane County or its agent, in the event the permit is revoked or the use permitted thereunder ceases for a continuous period of 12 months. Said bond shall expressly state that it will remain in full force and effect for a period of at least six months after the surety provides Dane County written notification of expiration or termination of the surety's obligation under the bond. Applicant shall remove any communication tower, array or any other equipment or structure placed or erected pursuant to the conditional use permit no less than 30 days prior to the termination or expiration of the bond required hereunder. 12. The applicant shall file a Notice of Proposed Construction on Form to the FAA to assure that the selfsupport lattice tower will not impact air traffic. 13. Contact with Wisconsin DOT Bureau of Aeronautics should be made prior to construction, if it has not already been done, to determine whether notification to that agency is required. 14. All tower components, appurtenances and transmission lines should be securely bonded and grounded to prevent RF interference caused by stray signals. 15. A Wisconsin-licensed Structural Engineer should approve and stamp the tower design, and certify that the tower can support up to three additional cellular/pcs voice / data antenna arrays. 16. The applicant shall utilize a galvanized or painted finish on the tower to minimize visual impact, if permitted by the FAA. 17. The applicant shall paint steel appurtenances the same color as the tower to minimize visual impact.

10 ZLR Committee Public Hearing Agenda Page 6 of 13 October 23, The tower compound area shall be surrounded by a security fence with fabric privacy screening. 19. Failure to comply with any of the aforesaid conditions shall be grounds for the committee to immediately revoke Conditional Use Permit No PETITION: REZONE APPLICANT: VERNLYN FAMILY FARM INC LOCATION: WEST OF 7872 WITTWER ROAD, SECTION 18, TOWN OF MONTROSE CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: creating one residential lot IN FAVOR: Ed Short representing the petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Matano to recommend approval; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: THOMAS A SARBACKER LOCATION: WEST AND SOUTH OF 1501 RANGE TRAIL, SECTION 3, TOWN OF MONTROSE CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: creating one residential lot IN FAVOR: Ed Short, Tom Sarbacker, Joe Sarbacker OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Hendrick to recommend approval with condition; motion carried, 4-0. YGP vote: A joint driveway agreement shall be recorded with the Register of Deeds to provide dryland access to the proposed parcel. 15. PETITION: REZONE APPLICANT: GOPLEN LIVING TR, LESLIE J & VIRGINIA H LOCATION: WEST OF 3052 COUNTY HIGHWAY W, SECTION 6, TOWN OF CHRISTIANA CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: creating one residential lot IN FAVOR: Jim Lowrey representing the petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition Motion by Hendrick / Matano to recommend approval with condition; motion carried, 4-0. YGP vote: A deed restriction shall be recorded on parcel and to prohibit further residential development on the remaining A-1 Exclusive property. 16. PETITION: REZONE APPLICANT: GEORGE ROTAR LOCATION: WEST OF 3335 QUAM DRIVE, SECTION 25, TOWN OF DUNN CHANGE FROM: B-1 Local Business District TO LC-1 Limited Commercial Dist REASON: limited commercial uses landscaping IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with condition

11 ZLR Committee Public Hearing Agenda Page 7 of 13 October 23, 2012 Motion by Hendrick / Bollig to postpone action in order for staff to review conditions with the petitioner; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: DAVID M MIDTHUN LOCATION: E OF 5393 DALEY ROAD, SECTION 27, TOWN OF VIENNA CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: zoning compliance for structures IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Hendrick to recommend approval; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: TERRY K LUND JR LOCATION: 3724 UNION DANE ROAD, SECTION 34, TOWN OF RUTLAND CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District and RH-1 Rural Homes District TO RH-2 Rural Homes District REASON: adding lands to existing certified survey map IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Hendrick to recommend approval; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: THOMAS ZICKERT LOCATION: 4214 STATE HIGHWAY 73, SECTION 16, TOWN OF DEERFIELD CHANGE FROM: A-2 Agriculture District TO RH-1 Rural Homes District and A-1EX Agriculture District REASON: separation of existing residence IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Hendrick / Matano to recommend approval with condition; motion carried, 4-0. YGP vote: The 16.5-acre parcel shall be sold to the adjoining landowner within 90 days of the effective date of the rezoning petition. 20. PETITION: REZONE APPLICANT: GERALD J HAACK LOCATION: 4284 GARFOOT ROAD, SECTION 17, TOWN OF CROSS PLAINS CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District REASON: selling existing house and additional acreage IN FAVOR: Petitioner, William Meddings OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Bollig / Hendrick to recommend approval; motion carried, 4-0. YGP vote: 2-0.

12 ZLR Committee Public Hearing Agenda Page 8 of 13 October 23, PETITION: CUP 2215 APPLICANT: ALBERT M BILSIE LOCATION: BLUE VALLEY ROAD, SECTION 3, TOWN OF PERRY CUP DESCRIPTION: mineral extraction IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Hendrick to approve Conditional Use Permit #2215 with 18 conditions; motion carried, 4-0. YGP vote: 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 as outlined in the application for CUP CUP #2215 shall expire 30 years from the date of approval. 5. Reclamation shall meet requirements of Chapter 74 of the Dane County Code of Ordinances. 6. 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. The operator shall use reground blacktop on driveway from the site as described in the application and the Site & Operations plan. 7. The operator and all haulers shall access the CUP site only through those points designated as entrances on the Site/Operations Plan. The Site & Operations plan shows the driveway off of Blue Valley Road which connects to STH The access to the driveway shall have a cable to securely lock the premises when the extraction site is not in operation. The site shall be signed no trespassing. 9. The property shall be fenced as noted on the Site & Operations plan. 10. Hours of operation shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday, and from 8:00 a.m. to 6:00 p.m. on Saturdays. No operations of any kind shall take place on Sundays. 11. During operations, the edge(s) of the extraction area shall be maintained at a slope of no greater than 1: 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 then current industry standards for noise abatement. 16. The operator shall meet DNR standards for particulate emissions as described in NR and NR Dane County and the Town of Perry shall be listed as additional named insureds on the Bilsie 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. 22. PETITION: CUP 2216 APPLICANT: CYRIL E CONVERSE LOCATION: 4708 STATE HIGHWAY 73, SECTION 4, TOWN OF DEERFIELD CUP DESCRIPTION: communication tower expansion IN FAVOR: Kelly Schmitz representing US Cellular OPPOSED: None STAFF: P&D, HWY TOWN: Pending

13 ZLR Committee Public Hearing Agenda Page 9 of 13 October 23, 2012 Motion by Matano / Hendrick to postpone due to no town action; motion carried, 4-0. YGP vote: PETITION: CUP 2217 APPLICANT: BALWINDER S SEERHA LOCATION: 7306 US HIGHWAY 14, SECTION 9, TOWN OF MIDDLETON CUP DESCRIPTION: construction of multi-tenant communication facility IN FAVOR: Shane Begley representing Central States Tower OPPOSED: None STAFF: P&D, HWY TOWN: Pending Motion by Bollig / Matano to postpone due to no town action; motion carried, 4-0. YGP vote: PETITION: CUP 2220 APPLICANT: STEVEN C OTTMAN LOCATION: 759 PRIMROSE CENTER ROAD, SECTION 21, TOWN OF PRIMROSE CUP DESCRIPTION: residence for farm owner or operator IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved 3 conditions Motion by Matano / Bollig to approve Conditional Use Permit #2220 with 7 conditions; motion carried, 4-0. YGP vote: The residence may only be occupied by the owner of the farm operation and his family and/or caretaker. 2. Rental of the residence to other persons shall be considered a violation of this conditional use permit and will render the permit null and void. 3. The Conditional Use permit shall expire upon sale of the property to an unrelated 3 rd party. 4. A deed restriction shall be recorded with the Dane County Register of Deeds identifying the occupant limitations of the residence for current and future land owners. 5. The development shall comply with Sections II.D.2.(2)(c) and (d) of the Town of Primrose Comprehensive Plan: a. The placement of the dwelling shall be at the location marked A as shown in the Town of Primose Plan Commission Site View minute dated 9/12/2012. b. The dwelling shall be only one story. c. The house shall be screened from view from Primrose Center Road as approved by the Town of Primrose Plan Commission. 6. The driveway to the residence will be constructed according to the engineer s drawing presented as Option 1 (Available at Town Clerk s office.) 7. The driveway shall must be completed to final grade and specifications prior to a building permit being issued for the farm residence. 25. ORDINANCE AMENDMENT 12, : Amending Chapter 10 of the Dane County Code of Ordinances Regarding Definitions of Agricultural Uses and Revisions to the A-1EX (Exclusive Agriculture) District. IN FAVOR: None OPPOSED: None STAFF: P&D Motion by Hendrick / Bollig to postpone until the November 27, 2012 ZLR meeting to allow time for Town input; motion carried, 4-0. YGP vote: 2-0.

14 ZLR Committee Public Hearing Agenda Page 10 of 13 October 23, ORDINANCE AMENDMENT 13, : Amending Chapter 10 of the Dane County Code of Ordinances Regarding Definitions of Agricultural Uses and Revisions to the A-4 (Small Lot Agriculture) District. IN FAVOR: None OPPOSED: None STAFF: P&D Motion by Hendrick / Bollig to postpone until the November 27, 2012 ZLR meeting to allow time for Town input; motion carried, 4-0. YGP vote: ORDINANCE AMENDMENT 14, : Amending Chapter 10 of the Dane County Code of Ordinances Regarding Definitions of Agricultural Uses and Revisions to the A-B (Agriculture Business) District. IN FAVOR: None OPPOSED: None STAFF: P&D Motion by Hendrick / Bollig to postpone until the November 27, 2012 ZLR meeting to allow time for Town input; motion carried, 4-0. YGP vote: ORDINANCE AMENDMENT 15, : Amending Chapter 82 of the Dane County Code of Ordinances, Amending the Dane County Comprehensive Plan Related to Incorporation of the Dane County Farmland Preservation Plan and Policies for Resource Protection Corridors. IN FAVOR: Gary Werner representing CRANES requested that the resource protection language be amended to include protection of prairie and oak savanna remnants and slopes greater than 10%. OPPOSED: None STAFF: P&D Motion by Hendrick / Bollig to recommend approval including the revised maps dated October 23, 2012; motion carried, 4-0. YGP vote: ORDINANCE AMENDMENT 16, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Berry Comprehensive Plan into the Dane County Comprehensive Plan. IN FAVOR: None OPPOSED: None STAFF: P&D TOWN: Approved Motion by Hendrick / Matano to recommend approval; motion carried, 4-0. YGP vote: ORDINANCE AMENDMENT 18, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Vienna Comprehensive Plan into the Dane County Comprehensive Plan. IN FAVOR: None OPPOSED: None STAFF: P&D TOWN: Approved Motion by Hendrick / Matano to recommend approval; motion carried, 4-0. YGP vote: ORDINANCE AMENDMENT 29, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Verona Comprehensive Plan into the Dane County Comprehensive Plan. IN FAVOR: Town of Verona Administrator/Planner Amanda Arnold explained that the current plan is outdated and that the proposed amendment is a good site for commercial development; Verona Town Chair David Combs expressed the need for additional commercial development in the Town of Verona to create tax increment.

15 ZLR Committee Public Hearing Agenda Page 11 of 13 October 23, 2012 OPPOSED: Letter from City of Madison Planning Department STAFF: P&D TOWN: Approved Supervisor Hendrick expressed concerns as noted in the County Staff report as well as the letter from the City of Madison Planning Department. He stated that the Town Plan already shows additional lands for commercial development as well as a large mixed-use development area to provide additional tax increment to the Town. Motion by Hendrick / Matano to postpone action; motion carried, 4-0. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. None. V. PLATS AND CERTIFIED SURVEY MAPS a. Preliminary Plats a. HOFFMAN VALLEY ESTATES, Town of Windsor, Section 24 (12 lots) (19 acres) (Application deadline is 12/04/2012) Staff recommends conditional approval. Motion by Hendrick / Bollig to approve subject to the following conditions; motion carried, 4-0. YGP vote: Evidence of required zoning is to be established (publication in the official newspaper). Said publication is to include specific legal description. 2. Compliance with the Dane County Comprehensive Plan is to be established. 3. The public park land appropriation requirement is to be satisfied (private park land does not satisfy this requirement). 4. All public land dedications are to be clearly designated dedicated to the public. 5. Remaining lands within Lot 2 of CSM 9902 shall be designated as an outlot or a lot included with this plat. 6. Street names with respect to Ch. 76 of the Dane County Code of Ordinances are to be assigned. 7. Utility easements are to be provided. 8. All streets shall be graded and surfaced in accordance with plans, specifications and requirements of the Dane County Highway Commission and the Town of Windsor. 9. Compliance with Ch DCCO, Erosion Control Plans is to be established. 10. Compliance with Ch DCCO, Stormwater Control Permits is to be established. 11. Street lights and street signs shall be provided in accordance with applicable town specifications. 12. The improvements shall be installed and approval of a final plat shall be given only after the work has been completed or there shall have been filed with the appropriate governmental jurisdiction or with the committee, one of the following: 13. Town of Windsor approval is to be obtained. 14. City of Sun Prairie approval is to be obtained with respect to the extraterritorial jurisdiction review. b. Final Plats a. JOHN WILKINSON CROPLAND, Town of Black Earth, Section 28 & 29 (2 lots) (33.2 acres) (Application deadline is 11/30/2012) Staff recommends approval. Motion by Hendrick / Matano to approve subject to the following conditions; motion carried, 4-0. YGP vote: Rezone Petition #10414 is to become effective and all conditions established are to be timely satisfied. 2. Compliance with the Dane County Comprehensive Plan is to be established. 3. Documentation is to be identified for the proper vacation and discontinuance of portions of John Wilkinson road. 4. Town of Black Earth approval is to be obtained. 5. Village of Mazomanie approval is to be obtained with respect to the extra-territorial jurisdictional review.

16 ZLR Committee Public Hearing Agenda Page 12 of 13 October 23, 2012 b. REVERE TRAILS, Town of Windsor, Section 33 & 34 (58 lots) (73 acres) (Application deadline is 11/23/2012) Staff recommends approval. Motion by Bollig / Hendrick to approve subject to the following conditions; motion carried, 4-0. YGP vote: Evidence of required zoning is to be established (publication in the official newspaper). Said publication is to include specific legal description. 2. Compliance with the Dane County Comprehensive Plan is to be established. 3. Before a subdivision plat may be recorded and filed for the same property, the condominium plat shall first be removed from the provisions of this chapter by recording a removal instrument. 4. The public parkland appropriation requirement is to be satisfied (private park land does not satisfy this requirement). 5. All public land dedications are to be clearly designated dedicated to the public. 6. Due to concerns with land suitability and hydric soils, a note shall be affixed to the final plat that states the following: No residential development on Outlots 1, 2 and A note shall be affixed to the final plat that states: Lots 24 thru 36 fall within the shoreland zoning district of Dane County and prior to any land disturbance, shoreland erosion control permit(s) will be required from the Dane County Land & Water Resources Department. 8. A notation is to be included that states: Lands covered by this plat are within an area subject to height limitations owing to the operation of aircraft and equipment from a nearby airport. Owners of lands within the area covered by this plat are required by law to restrict the height of trees, other vegetation and man-made structures to less than the height limitations set forth in that certain map dated April 24, 2008, entitled Height Limitation Zoning Map, Dane County Regional Truax Field, Madison, Wisconsin, said map being on file in the Dane County Clerk's office. 9. A notation is to be included that states: Lands covered by this plat are located within an area subject to heightened noise levels emanating from the operation of aircraft and equipment from a nearby airport. 10. Lot 31 shall show the front setback in relation to the 100 of lot width either on the plat or as a separate exhibit. 11. Outlot 4 (preliminary plat had this numbered as OL 6) does not meet the lot area requirements with respect to the shoreland-zoning district. 12. Rezone petition #10449 to rezone 0.02 acres of wetlands to non-wetland district shall be approved. 13. Building envelopes shall be shown on the final plat for Lots 1, 2 and 3 due to the reduced setbacks from the wetland district and the public highway right-of-way. 14. Building envelopes shall be shown on the final plat for Lots 25, 26 and 27 due to the setbacks from the OHWM of the perennial stream and the public highway right-of-way. 15. OL 4 is to be conveyed to the Town of Windsor prior to final plat being recorded. 16. Per DCO 75.19(h), Adjacent to OL 3, a minimum tangent length of 100 feet shall be used between reverse curves along FOREST PARK DRIVE and REVERE PASS. 17. A permanent or temporary cul-de-sac will be required at the west end of GREAT BRIDGE COURT and SON OF LIBERTY DRIVE, per DCO 75.19(q). 18. Street names with respect to Ch. 76 of the Dane County Code of Ordinances are to be assigned. 19. The preliminary plat identifies the stream to the east as an intermittent stream. County records indicate the stream as a perennial stream. Please change the text as an unnamed perennial stream. 20. Utility easements are to be provided. 21. Village of DeForest corporate boundary lines are to be shown on the plat. 22. All streets shall be graded and surfaced in accordance with plans, specifications and requirements of the Dane County Highway Commission and the Town of Windsor. 23. Compliance with Ch DCCO, Erosion Control Plan is to be established. 24. Compliance with Ch DCCO, Stormwater Control Permit is to be established. 25. Street lights and street signs shall be provided in accordance with applicable town specifications. 26. The improvements shall be installed and approval of a final plat shall be given only after the work has been completed or there shall have been filed with the appropriate governmental jurisdiction or with the committee, one of the following: 27. Town of Windsor approval is to be obtained. 28. Village of DeForest approval is to be obtained with respect to the extraterritorial jurisdiction. 29. State Highway 19 access approval shall be obtained and any comments or conditions from WisDOT are to be fulfilled.

17 ZLR Committee Public Hearing Agenda Page 13 of 13 October 23, 2012 c. Certified Survey Maps None VI. RESOLUTIONS 1. None. VII. ORDINANCE AMENDMENTS 1. ORDINANCE AMENDMENT 12, : Amending Chapter 10 of the Dane County Code of Ordinances Regarding Definitions of Agricultural Uses and Revisions to the A-1EX (Exclusive Agriculture) District. (See Motion Above.) 2. ORDINANCE AMENDMENT 13, : Amending Chapter 10 of the Dane County Code of Ordinances Regarding Definitions of Agricultural Uses and Revisions to the A-4 (Small Lot Agriculture) District. (See Motion Above.) 3. ORDINANCE AMENDMENT 14, : Amending Chapter 10 of the Dane County Code of Ordinances Regarding Definitions of Agricultural Uses and Revisions to the A-B (Agriculture Business) District. (See Motion Above.) 4. ORDINANCE AMENDMENT 15, : Amending Chapter 82 of the Dane County Code of Ordinances, Amending the Dane County Comprehensive Plan Related to Incorporation of the Dane County Farmland Preservation Plan and Policies for Resource Protection Corridors. (See Motion Above.) 5. ORDINANCE AMENDMENT 16, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Berry Comprehensive Plan into the Dane County Comprehensive Plan. (See Motion Above.) 6. ORDINANCE AMENDMENT 18, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Vienna Comprehensive Plan into the Dane County Comprehensive Plan. (See Motion Above.) 7. ORDINANCE AMENDMENT 29, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Verona Comprehensive Plan into the Dane County Comprehensive Plan. (See Motion Above.) VIII. OTHER BUSINESS 1. None. IX. ADJOURN Motion by Matano / Hendrick to adjourn the meeting at 9:19pm; motion carried, 4-0. YGP vote: 2-0. Roger Lane, Recording Secretary Minutes filed with the County Clerk 10/24/12 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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19 Staff Report Zoning and Land Regulation Committee Public Hearing: September 25, 2012 October 23, 2012 Zoning Amendment: A-1ex Agriculture District to C-2 Commercial and A-4 Agriculture District Acres: 2.5 and 12.5 Survey Req. Yes Reason: Commercial area needed for additional employee parking and equipment storage Petition: Rezone Town/sect: Verona Section 19 Applicant Joel G Grant Location: 2416 Spring Rose Road DESCRIPTION: Maple Leaf Landscaping would like to increase the size of their facility in order to accommodate their expanding business. The area will be used for the parking employee vehicles and additional storage for their fleet of landscaping vehicles. The southern portion of the property is currently being used to grow landscaping plants. OBSERVATIONS: The property fronts along US Highway 18/151 and has been used as a landscaping business for approximately 10 years. The area is in the process of being redesigned as part of the DOT Dodgeville to Verona Freeway Conversion project. The plan involves terminating the connection of Spring Rose Road to 18/151 and the installation of a frontage road paralleling 18/151. See attached plan. The frontage road will be placed approximately 100 feet south of current commercial zoning district boundary. This phase of the highway project is slated for No sensitive environmental features observed on the property. TOWN PLAN: The Town Plan designates this location as a commercial area. The minor expansion of the commercial enterprise appears to be consistent with the Town Comprehensive Plan and will fall in line with future infrastructure plans. STAFF: The proposal meets the dimensional standards of the zoning district. Staff suggests limiting the land uses on the property as noted on the existing commercial zoning, see Petition #9257. It is also suggested to prohibit billboard signs on the property. STAFF UPDATE: The zoning boundary has been reduced from 2 acres to a 1.07-acre area as per attached plan. In addition, a landscaped berm has been recently installed to address neighbors concerns. TOWN ACTION: Approved with conditions. 10/23/12 ZLR Action: Motion by Hendrick / Matano to postpone due to public opposition; motion carried, 4-0. YGP vote: 1-0.

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22 BERGLUND LIVING TR, KEITH W MICHAEL A SIMON WI DNR STEVEN S LINGARD JON K STILLER ROBERT A HOFFMAN RALPH GUST HOWARD C GUST DALE ZIEGLER DODGEVILLE TO VERONA BERGLUND LIVING TR, KEITH W ROBERT A HOFFMAN ROBERT A HOFFMAN ROBERT A HOFFMAN BERGLUND LIVING TR, KEITH W ROBERT A HOFFMAN US 18/151 FREEWAY CONVERSION PLAN ROBERT W ANDERSON BERGLUND LIVING TR, KEITH W HOWARD C GUST ROBERT A HOFFMAN 1/27/12 ROBERT A HOFFMAN BONNIE L ALBRIGHT THOMAS M DIEDERICH LINUS R HELLENBRAND JAMES K COOPER ROBERT A HOFFMAN TOWN OF SPRINGDALE ROBERT A HOFFMAN TOWN OF VERONA ROBERT A HOFFMAN HOWARD C GUST HOWARD C GUST LINUS R HELLENBRAND GREGORY A ANDERSON JOHN J HENSEYKEVIN STAMPFLI CONNIE A DARGA JAMES AUBART CATHERINE A MELLUMBRANDON CRUSE RUSSELL A CHESMORE CHARLES E FLOOD LANCE A STEIN JOHN W RADER ROBERT J EITH DOUGLAS W WOLF GEORGE A PLEIMLING TIMOTHY J FECHT WILLIAM K GARFOOT DAIRY RIDGE RD HOWARD C GUST PAUL NEESS KERRY R BOLLIG DAVID J ENGELKE TED J LOCHER RUSSELL R GUST GUST LIVING TR JAMES J STEPHENS LINUS R HELLENBRAND JAMES J STEPHENS ANTHONY G ENDRES JAMES G KOVACS NICK V RICCI GUST TR ANN E RIFENBERGRONALD R NICHOLSON JAN R LAMARCHEMATTHEW W BEYER GUST TR GUST TR GUST LIVING TR JAMES J STEPHENS LINUS R HELLENBRAND GUST LIVING TR GUST LIVING TR GUST TR GUST TR THOMAS R GUST THOMAS R GUST CHRISTOPHER W MILLER GUST LIVING TR ANTHONY DANNINGER CLYDE L HELLENBRAND ANTHONY DANNINGER ANTHONY DANNINGER JAMES A ESSER ROGER F DISCH ROGER F DISCH THOMAS R GUST JOEL G GRANTTHOMAS GUST MAPLE LEAF INC InI{ GUST LIVING TR JAMES A RINDFLEISCH TIMOTHY W HAYES MATTHEW W REIFDANIEL W KEYES JEFFREY M HANSON GREGORY T BASS JOHN C KWITEK DENNIS C MIDTHUN DENNIS C MIDTHUN Legend ERIC D BIRSCHBACH RYAN T FRONEK PHILIP D HOWE RANDALL T MARKS ROSS A PEDERSEN ROSS A PEDERSEN MICHAEL H VAN SUSTEREN MICHAEL H VAN SUSTEREN RANDY W LOWMASTER FARLEY REV TR Proposed Roads Municipalities US 151 Parcels HIDDENDALE TRUST MICHAEL S DILLIS BRIAN A RAFFEL JEFFREY YAPP MARILYN S ZURBUCHEN PERKINS LIVING TR Cemetery CARL C RALSTON ROBERT L GEIMER DALE N CHESTNUT GEORGE F HAGENAUER DALE N CHESTNUT RACHEL A CHESTNUT MARK C WOPPERT GUST TR FARLEY REV TR GUST TR MARILYN S ZURBUCHEN MARILYN S ZURBUCHEN CARL L CURE JOEL G GRANT RICHARD A BECKWITH BRETT ZAHLER BETTY J STIVARIUS ADRIAN T SMITH JOHN K ZIMMER MERLIN L SLABACK CHRIS C ZURBUCHEN JAMES C VON ESCHEN ROBERT J BLASDEL SPRING ROSE RD THEODORE S SMITH SCOTT E PUTNEY JULIAN O RHINER MARILYN S ZURBUCHEN GUST TR MARILYN S ZURBUCHEN THOMAS R GUST THOMAS R GUST NEW FRONTAGE ROAD WITH 66' RIGHT-OF-WAY JULIAN O RHINERFeet ROGER F DISCH CARL L CURE ROGER F DISCH WILLIAM RESOP JAMES C VON ESCHEN ROBERT J BLASDEL WILLIAM RESOP RICHARD A BECKWITH SPRING ROSE RD FARM LAND AAJ LLC FARM LAND AAJ LLC InI{ JULIAN O RHINER JULIAN O RHINER THOMAS R GUST MAPLE LEAF INC THOMAS If GUST JOEL G GRANT DONNA MAE PIAZZA JULIAN O RHINER WILLIAM RESOP JOEL G GRANT SUGAR RIVER INVESTORS I LLC NEW FRONTAGE WILLIAM RESOP ROAD WITH 66' RIGHT-OF-WAY WILLIAM RESOP Miles L

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29 Staff Report Zoning and Land Regulation Committee Public Hearing: September 25, 2012 October 23, 2012 Zoning Amendment: RH-1 Rural Homes District, A-1ex Agriculture District to A-2(2) Agriculture District Acres:2.8, 0.6 Survey Req. Yes Reason: Add land to existing Certified Survey Map CUP Description: Limited Family business Petition: Rezone CUP 2212 Town/sect: Dane Section 17 Applicant Michael A Endres Location: 7321 Latham Road DESCRIPTION: The petitioner would like to add additional land onto his existing parcel to construct a building for a limited family business. The building will be used to store his agricultural vehicles for his manure spreading business. OBSERVATIONS: There is an existing residence on the property. The entire property will need to be rezoned to A-2 in order to obtain a conditional use permit for a limited family business. No sensitive environmental features observed. The property is located at the ridge of the Town Road surrounded by open fields. The driveway has poor visibility when approaching from the south. TOWN PLAN: The property is located in the Agricultural Preservation Area. The plan will Allow only such commercial and industrial development as is needed to support existing agricultural activities, where it will not result in environmental degradation or conflict with farming operations. STAFF: The proposal meets the dimensional standards of the zoning district. Staff suggests limiting the land uses in the in A-2 Zoning District to single-family residences, agricultural uses, and limited family business to address concerns regarding incompatible uses in the Agricultural Preservation Area. Staff is also suggesting a set of conditions for the conditional use permit that would mitigate any potential nuisances. TOWN ACTION: Zoning: Approved conditioned upon limiting the land uses. CUP: Approved with 10 conditions. 10/23/12 ZLR Action: Motion by Bollig / Hendrick to postpone the rezoning petition and the conditional use application due to public opposition; motion carried, 4-0. YGP vote: 1-0. Town Chair Robert Lee was opposed to the petition due to traffic concerns and reduction of neighboring property values due to the proposed land use.

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33 1160 Latham Rd A-1(EX) RH A-1(EX) Town of Dane 17 DR RH DR DR Legend Significant Soils Class Class 1 Class ,000 Feet Petition CUP 2212 Endres

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37 Staff Report Public Hearing: October 23, 2012 Petition: Rezone Zoning Amendment: Town/sect: B-1 Local Business District to LC- Dunn 1 Limited Commercial District Section 25 Zoning and Land Regulation Committee Acres:2.75 Survey Req. Yes Reason: Allow landscaping business Applicant George Rotar Location: West of 3335 Quam Drive Description: The petitioner would like to rezone 2.75 acres of the 8.7 acre parcel from B-1 Business to LC-1 Limited Commercial to accommodate a landscaping/snow plowing business. The existing R-3 zoned area will be used for the business owner s residence. No land division is proposed. Observations: The area along Highway 51 was zoned for business development in the 1960 s. Due to limited access to the highway, the area never developed as planned. The property is currently vacant and in agricultural production. The rezone area consists of Class II soils. The property is located outside the Lake Kegonsa Limited Service Area. Adjoining properties include a church to the west, and single family residences to the east. The Kegonsa Heights residential subdivision is also to the east of the property. WISDOT: Direct access to Highway 51 is prohibited. Access will be from Quam Drive. Town Plan: The property is designate as a Mixed use area. The town allows a limited range of commercial and neighborhood oriented businesses in the area. Staff (recommendations revised 10/30/12): Consideration should be given to compatibility with existing residential uses on nearby properties. The applicant has developed a stormwater management plan that will address longstanding drainage issues on the property. Staff recommends the following restrictions / conditions: 1. Deed restrict the property to prohibit land divisions and to limit LC-1 uses exclusively to a landscaping / snow plowing business. 2. Limit the hours of operation to 7am to 6pm, with occasional extended hours for snow plowing. 3. Limit the number of non-family employees to no more than eight (8). 4. Require town final site-plan approval for landscaping, stormwater management / drainage, lighting, and signage prior to the issuance of zoning permits. Town: Approved with conditions: require a deed restriction stating the business is not open to the public. 10/23/12 ZLR Action: Motion by Hendrick / Bollig to postpone action in order for staff to review conditions with the petitioner; motion carried, 4-0. YGP vote: 2-0.

38 Regarding Petition # TOWN BOARD ACTION REPORT REZONE Dane County Zoning & Land Regulation Committee Public Hearing Date Dunn 10/23/2012 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: 3 in favor 0 opposed 0 abstained 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 original farm (as of date specified in the Town Plan) prohibiting non-farm development. Please provide property description, or tax parcel number(s): 3. Deed restrict the applicant's property described below prohibiting division. Please provide property description, 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 under Town & County Land Use Planning policies. Please provide property description, or tax parcel number(s): 5. Other Condition(s). Please specify: Deed restriction stating that the business is not open to the public (per Comprehensive Plan policy) Please note: The following space is 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. In considering its approval, the Town Board noted the "downzone" from the more intensive B-1 district, and the significant improvement of stormwater management in an area that has had drainage problems in the past that the Town was unable to resolve with the previous landowner. Cathy Hasslinger Dunn 10/15/2012 Cathy Hasslinger 10/16/2012 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: (2/06) WEB

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42 R-3 R-3 Lake Kegonsa R-3 R-3 R-3 C-2 R-3A CUP 119 B-1 Drive-in establishments B-1 CUP 1236 Religious uses RH-3 CUP 1549 Daycares R-3 RH-1 B-1 CUP 757 R-3 Governmental uses R-3 R-3 RH-2 R-3 A-1(EX) DR Town of Dunn B-1 RH-1 R-3 RH-2 LC-1 R-3 R-3 R-3 RH-1 DR R-3 A-1(EX) DR A-1(EX) DR Public Sewer Service Areas Feet Urban Limited Petition #10482 Rotar

43 Staff Report Zoning and Land Regulation Committee Public Hearing: September 25, 2012 October 23, 2012 Zoning Amendment: A-1EX Agriculture District to A-2(2) Agriculture District Acres: 2.0 Survey Req. No Reason: Creating one residential zone area Petition: Rezone Town/sect: Blue Mounds Section 3 Applicant Jon Larson Location: Bergum Road To A-2(2) DESCRIPTION: This is the second petition which has been submitted in regards to the development of the Larson property. Mike Dillis would like to purchase the 81 acres of land currently owned by the Larsons. In June, the first zoning petition (#10416) was recommended to be denied by the Zoning and Land Regulation Committee due to excessive driveway length and the development not promoting the health, safety, and general welfare of the public. The petition was withdrawn by the petitioner prior to County Board action. A new petition has been submitted with an alternative on how to address the safety concerns expressed by the Committee. The petitioner is suggesting that an emergency access route be constructed on the southeast corner of the property which would provide a secondary route to the residential site if the need arises. See attached map. OBSERVATIONS: The property consists of two ¼ ¼ sections that are located 450 feet west of Bergum Road. An easement is used to reach the property from Bergum Road. A perennial stream, Elver s Creek, bisects the property. The area by the stream is designated on the FEMA Flood Insurance Maps as a flood hazard area (undetermined). There is a ribbon of Class II soil (Orion Silt Loam) that runs along the banks of the stream. Steep slope topography is associated with the wooded portions of the property. The zoning area will be reached using a 2400-foot long driveway (1100 existing to be constructed). There was an existing dwelling on the property, but this structure was destroyed by a fire in 2011.

44 TOWN PLAN: The 1981 Plan shows the property located in the Agricultural Preservation Area. The plan policies express concerns regarding the placement of houses and driveways on steep slope topography, the length of access routes to home sites, and disruption to natural features of the land (See attached pages 8-9). Staff: TOPOGRAPHY: Staff has reviewed the proposal regarding the development of the land in relation to slopes. It appears that the drive path will not be in an area with 12% slopes. The steeper slopes are part of the forested area. FLOODPLAIN: A portion of the property is located in Zone A as depicted on FEMA Flood Insurance Rate Map (FIRM) panel number C0345-G. The Zone A is a flood hazard area with an undefined flood elevation. The map shows only an approximate area of flood hazard. A more defined delineation of the limits of the flood hazard area has been performed using FEMA Technical Guide 265 for establishing flood elevations in Zone A areas. A defined area was set with the assumption of the stream flooding no higher than 6 feet above normal flow elevation. It appears that the driveway and development area is outside the flood hazard area. SOILS: The zoning boundary area consists of only 4% Class II soils. TOWN ACTION: Approved with comments. 10/23/12 ZLR Action: Supervisor Hendrick expressed concerns that the development of the property would not promote the health, safety, and general welfare of the public. The location of the dwelling was distant to any public right-of-way. The location would possibly be unsafe given the 80-acre property is accessed only through an easement and does not front along a public right-of-way at any point. The site may cause access difficulties for public services. Supervisor Bollig stated that the petitioner should have an opportunity to relocate the home site on the property. Cruz questioned development near a floodplain. Motion by Bollig / Matano to postpone action to allow the petitioner to explore alternative building sites; motion carried, 4-0. YGP vote: 2-0. Staff Update: The petitioner has chosen to keep the location of the zoning boundary as originally proposed without an emergency access route or secondary access.

45 Mike and Lee Ann Dillis 2214 Dahlk Circle Verona, WI November 13, 2012 Dane County Zoning and Land Regulation Committee City County Building 210 Martin Luther King, Jr., Blvd Madison, WI RE: Rezone Application # Bergum Road, Town of Blue Mounds Dear Committee Members, After carefully reviewing Chapter 10 of the Dane County ordinances with regard to rezoning requirements we are requesting formal approval of our petition # A copy of the proposed home and driveway location plan is attached. Based upon past interactions with The Committee during a number of meetings several concerns were expressed. This six page letter and its seven referenced attachments, in conjunction with a review of the documents being provided directly to you by the Zoning Administrator for the upcoming November 13th meeting, adequately address all of these concerns. According to published meeting notes this is the list of The Committee s specific concerns: 1. Compliance with the Town Use Plan. 2. Development on 12% slopes. 3. Development within the floodplain. 4. Classification of soils within the boundary area. 5. The length of the driveway. 6. Remote site location and ability of the County to deliver services. Compliance with the Town Use Plan: The proposed two acre parcel meets all nine criteria established in the Town Land Use Plan and the application has been unanimously endorsed by the Town of Blue Mounds. The matrix on page 2 of this letter responds specifically to pages 8 and 9 for parcels located in the Agricultural Preservation District. Page 1 of 6

46 Non farm site criteria: a. Non farm site should be land where there has been no history of farming activity. b. Non farm site should be a parcel too small to be economically used for agricultural purposes. c. Non farm site should be land inaccessible to farm machinery needed to produce and harvest agricultural products. d. Non farm site should be land located where it would not create a conflict with nearby farming operations. e. Non farm site should be land which will allow construction, under accepted erosion control measures of a road or driveway, suitable for emergency vehicle travel and safe access on exiting roadways. f. Non farm site should be land which does not disturb or destroy important natural features such as significant woodland areas, wetlands, springs, and sand steep slopes. g. Non farm site should be a parcel shape which promotes maintenance of adjacent agricultural parcels and which minimizes the length of access from a public road to the structure. h. Non farm site should be planned so as to avoid cuts into steep slopes for both home sites and driveways. i. Non farm site should be rezoned so that only that portion of land necessary for the requested use is rezoned. Applicants reply: This property has been in the CRP program for at least the past 15 years to 20 years. Please refer to previously submitted letter dated June 4, 2012 from Jon Larson for additional information. The land is in CRP, is directly adjacent to Elver s Creek and in total is too small to be economically cropped. This criteria does not apply since it is not being farmed per criteria item B. There are no nearby or adjacent farming operations to conflict with. Per a site review conducted by the Mount Horeb Area Joint Fire District, they have no concerns with this proposed location. Refer to attached letters from Mt. Horeb Area Joint Fire District dated May 8, 2012 and September 11, The proposed home site will be located off of the 12% slope areas within the 2 acre parcel, will be out of the floodplain and will maximize the use of the existing pathways/driveways. Please refer to attached home location plans from Quam Engineering. There is no impact to any adjacent agricultural land. As previously addressed, the creation of new driveway surfaces has been minimized by use of the existing joint driveway, existing single family blacktop driveway and existing field road. Quam Engineering has developed an environmentally responsible grading and stormwater management plan that avoids impact to the steep slopes. See attached site layout plans. Out of the 81.4 acres only 2 acres are included in the rezoning request. Page 2 of 6

47 Development on 12% slopes. This concern was a carryover from Petition #10416 and has been resolved. See page 2 of the September 25, 2012 Staff Report. The home and driveway are not impacting these slopes. Development within the floodplain. This concern was a carryover from Petition #10416 and has been resolved. See page 2 of the September 25, 2012 Staff Report. The home location and driveway are not in the floodplain. Classification of soils within the boundary area. This concern was a carryover from Petition #10416 and has been resolved. See page 2 of the September 25, 2012 Staff Report. Only 4% of the two acre parcel has Class 2 soils. The home location and driveway do not impact the Class 2 soils. The length of the driveway. As verified by Dane County Staff, the proposed driveway is out of the floodplain, has no impact to Class 1 or 2 soils, and is completely off of the steep slopes. The Town of Blue Mounds has no driveway length restrictions. Note the following clause was inserted as an Amendment to Ordinance 4, adopted on September 14, 2009 The Town of Blue Mounds has no restrictions on the length of private driveways. It should be noted that there are countless other driveways in Dane County that are what may be considered to be as long. As a matter of fact the adjacent neighbor s driveway is approximately 2,800 feet long. The list of long driveways presented on page 4 of this letter was compiled by doing a brief search on the Internet. Page 3 of 6

48 Partial Summary of Long Driveways in Dane County # Address Township Approx Length Page 4 of 6 Descriptor N Dallman Rd Albion 2, Cty Rd N Albion 2, degree bends Hillside Rd Albion 2, degree bends W Blue Mounds Rd Blue Mounds 2,100 5 End of Russel Rd Blue Mounds 2,100 shared drive W Blue Mounds Rd Blue Mounds 2, Hwy Z /W Blue Mounds Rd Blue Mounds 2,300 wooded Cty Hwy E Blue Mounds 2,800 2 hair pins, wooded, shared Bergum Rd Blue Mounds 2,800 various long drives Koshkegon Rd Christiana 2, Cty Hwy Cross Plains 2, Barlow Rd Cross Plains 2,000 hairpin, wooded or 8968 Domini Rd Cross Plains 2, Cty J Cross Plains 2, Cty Hwy J Cross Plains 2,500 across mainly ag land Bell Brook Rd Oregon 2,000 2 residence Tipperary Oregon 2,000 all wooded Lincoln Rd Oregon 2, degree bend Lincoln Rd Oregon 2,500 multifamily Cty Rd A Oregon 2, Tipperary Oregon 2,800 2 sharp curves Spring Valley Perry 2,000 hair pins, wooded, steep Cty Hwy E Perry 2,000 woods edge drive Hwy JG Perry 2, Lee Valley Road Perry 2, Cty Hwy E Perry 2,500 wooded, curved E Blue Mounds Rd Perry 2, Lake Kegonsa Rd Rutland 2,500 winding Springrose Rd Springdale 2, Bakken Rd Springdale 2,300 across farmland 31 Crab Lane? Springdale 2,500 across farmland w/one residence Bakken Rd Springdale 2,600 drive at edge of woods, farmland 33 1st drive on Early Autumn Rd Springdale 2, Vermont Church Rd Vermont 2,100 hilly, wooded Ryan Rd Vermont 2, Ryan Rd Vermont 2,200 steep, wooded, shared Bell Rd Vermont 2, Ryan Road Vermont 3, Hwy JJ Vermont 3,750 hilly, steep, hairpins

49 The remote location and ability of the County to deliver Services. Home site is located approximately 3 miles from Hwy 18/151. Two existing homes are located within 750 feet of this proposed home location. Site is located within a 5 minute response time by the Mount Horeb Fire District which provides fire and EMT services to the area. FDMH has two letters attached to this letter stating that they have no concern with the proposed site, driveway or home location. ZLR Committee has previously acknowledged these letters and that they have no concern with EMT and Fire gaining access. Concern by the ZLR relative to Elder Abuse. Telephone conversation with the Area Agency on Aging on confirmed that this agency is responsible for investigating elder abuse cases. They advised that this is a non emergent service and stated that if there was a need to respond in an emergent situation they would contact the Dane County Sherriff or Mount Horeb Fire/EMTs for assistance. Concern by the ZLR relative to Elder Abuse. Telephone conversation with the Director of Southwest Dane Senior Outreach Services on noted that they have never had an issue to responding to homes in the rural setting around Mount Horeb. The Director has visited the neighbor who shares the joint driveway on several occasions and is also familiar with the proposed home site location, having visited the land. She sees no issues providing services to our proposed location. Concern by the ZLR relative to Child Protective Services. Telephone conversation with the Child Protective Services Manager on confirmed that this agency is responsible for investigating child abuse cases. The manager noted that if an investigator needs to be dispatched to the residence they would contact the Dane County Sherriff or Mount Horeb Fire/EMTs for assistance. Elder Abuse and Child Protective Services do not have a concern about the length of the driveway or ability to gain access in an emergent situation. Concern by the ZLR about a potential wind fall tree blocking the driveway. In addition to several individuals who have provided feedback find attached a letter from retired DNR official, Joe Ball addressing the valley floor as an option. To summarize, should a felled tree obstruct a portion of the proposed driveway a secondary access option will utilize the valley floor as necessary to circumvent the obstruction. Refer to attached secondary access option plan and photographs for additional clarification. In conclusion, we have addressed all of your concerns as they pertain to a rezoning request. We again ask that you approve this request as outlined in this letter and further detailed in the attached documents as well as the complimentary documents provided directly to you by the Zoning Administrator and his staff. Thank you, Mike and Lee Ann Dillis cc: Roger Lane, Mark Hazelbaker, Dennis Jelle, Jon Larson all w/7 attachments Page 5 of 6

50 Attachments: 1. Proposed home and driveway location plan dated November 13, Mount Horeb Area Joint Fire District letter dated May 8, Mount Horeb Area Joint Fire District letter dated September 11, Quam Engineering driveway and stormwater plans dated May 1, E mail letter from Joe Ball of the DNR dated November 5, Proposed secondary access option plan dated November 13, Photos 1 4 showing field path, driveway, home location dated November 5, 2012 Page 6 of 6

51 Bergum Rd Legend Steep Slopes Percent Slope 12 to less than and greater Feet

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53 Mount Horeb Area Joint Fire Department 120 South 1 st Street Mount Horeb, Wisconsin Phone: (608) Cell: (608) Fax: (608) cbrinkmann@fdmh.org September 11, 2012 Dane County Zoning and Land Regulation Committee City County Building, Room Martin Luther King Blvd. Madison, WI Dear Committee Members, It has been brought to my attention by members of the Town of Blue Mounds Board that there is a perceived safety issue still existing with the ZLR Committee for the potential driveway at 3205 Bergum Road. This will be my second letter addressing and supporting this potential project. I also attended a meeting on July 24, 2012 at the Bergum Road property to address your concerns and discuss our operating procedures. This issue and your questioning of my judgment has become a frustration for me and my officer core. It is my job as the Fire Chief for the Mount Horeb Area Joint Fire Department to address the safety needs and concerns of our constituents and the property that lies within it as given to me through State of Wisconsin Statutes. It is my judgment, as the person in charge of safety and emergency responses for the Town of Blue Mounds, that this driveway and its plan meet or exceed our requirements. I have personally visited the site on several occasions and have viewed and reviewed the position of the driveway, the potential for a secondary access through the field and the available space for emergency equipment and see no concern. We have measured the needs for our equipment as well as the needs to land the MedFlight helicopter and this property and plan meet or exceed those needs as well. Mr. Dills has on three occasions asked for our input on additional safety and fire prevention features to add to his house and driveway. The Dillis family has gone above and beyond their duties as potential property owners to ensure the ability for an exceptional emergency response. If you have any further need to discuss safety or emergency needs or concerns within the Town of Blue Mounds or with regard to this driveway plan I invite you to sit down with me in my office and we will discuss it in person Sincerely, Craig W. Brinkmann Fire Chief Mount Horeb Area Joint Fire Department (608)

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57 From: joe and norma Sent: Monday, November 05, :41 AM To: Mike Dillis Cc: Subject: Dane County zoning and land regulation permit Mr. Dillis: My name is Joseph Ball. I am a land owner in Blue Mounds Township. Dennis Jelle requested that I provide you with the following opinion concerning your property and proposed building site. First, some background on my qualifications to render a valid opinion about your situation: 1. DNR employee for 30 years (retired), Fishery biologist; Water quality biologist/natural resources specialist for 25 years; I developed state wide water quality monitoring procedures and I developed and published Wisconsin's stream classification procedures. I believe these procedures are still used by Wisconsin and some other states. These procedures are also used by the Farm services agency and I have provided training to them. I have inspected and monitored many State wide wetland and stream environments. 2. I have been a member of the Blue Mounds Township Zoning and Planning committee for about 10 years. I officially inspected your property and recommended approving your request to rezone and build a house at your proposed location. I understand someone has objected to this location because of a wetland and possibly other reasons. When I was there I walked the entire drive way location and I walked back all the way along the stream. I saw no wetlands, certainly none that might be impacted by construction of a home and driveway. In my opinion the driveway and the home site is the best location on your property. In my opinion, if the driveway somehow got blocked in an emergency situation (I assume by a tree?) It would be no problem to drive in the adjoining solid and flat field. In my opinion the field next to the proposed drive way would never be subject to flooding and would always be passable unless the field was plowed and bare of vegetation. If this suggested problem with this building location and driveway were valid there would be very few driveways permitted anywhere! I see no reason to think or suggest that constructing your proposed house or driveway would in any way cause damage to the land or stream environment. I would be pleased to answer any questions you or anyone may have. Joe Ball Mayflower Road Mount Horeb, WI

58 Bergum Rd Legend Steep Slopes Percent Slope 12 to less than and greater Feet

59 This view is looking South at the proposed driveway along the existing field path located along the East edge of the valley. Photo #1 11/5/12

60 This view is looking South along the proposed driveway which will follow this existing field path along the East edge of the valley. Photo #2 11/5/12

61 Approximate house location This view is looking South down the valley towards the home site. The proposed driveway is on the left side of the photo in the trees. As noted in our letter, given the flat grades and soil types, if a wind fall tree or other obstruction blocks the driveway, access further up the driveway can be easily gained by driving into this field around the obstruction and then back onto the driveway. Photo #3 11/5/12

62 Approximate house location This view is looking South towards the proposed home location. Note the relatively flat grades where the home is being proposed. Photo #4 11/5/12

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66 RH-1 A-1(EX) RH-1 Town of Vermont RH-4 ") JG RH RH-2 RH-3 A-1(EX) A-1(EX) A-1(EX) RH-4 A-1(EX) RH-1 North Rd Town of Blue Mounds A-1(EX) RH-4 R-1A RH-4 A-2 A-2(2) RH-4 Bergum Rd RH-1 A-2 RH-1 RH-2 RH-1 A-2 Legend ,000 2,000 Feet Perennial Stream Intermittent Stream Constructed Drainage BuildingFootprint Petition Larson / Dillis

67 Mark B. Hazelbaker Kevin M.C. Johnson Kimberly A. Carter, Paralegal/Office Manager 3555 University Avenue Madison, WI September 24, 2012 Chairperson Patrick Miles and Members, Dane County Zoning & Land Regulation Committee City-County Building 210 Martin Luther King, Jr. Madison, WI Re: Rezoning Actions Based On Long Driveways On May 26, 2009, I wrote you and the committee about the issue of long driveways. That letter was generated by rejections of zoning petitions by the Zoning and Land Regulation Committee. Things were somewhat better for a while. A recent petition from the Town of Blue Mounds appears to have raised the underlying dispute again. The Dane County Towns Association has been advised that the Committee is unwilling to support approve a rezoning because the proposed residence would be located at the end of a driveway which would be more than 2,000 feet long. You may recall that in 2009, Assistant Corporation Counsel David Gault's issued an opinion on this issue. He reached the same conclusion I had formed, that the Committee does not have authority to adopt such a policy except by ordinance. No ordinance has been adopted. All of the points made in the 2009 letter remain valid. Dane County has not adopted anything in its comprehensive plan since 2009 which would support the Zoning Committee s rejection. However, there have been two significant Supreme Court cases since 2009 which endorse our contention that towns have the regulatory power, including power over driveways and that driveway regulation is a town responsibility to which other authorities owe deference. Town regulatory power Towns share zoning authority with the County. Outside of zoning, however, towns have considerable regulatory power independent of County authority. This was made clear recently in Zwiefelhofer v. Town of Cooks Valley, 2010 AP 2398 ( ). On February 8, 2012, the Wisconsin Supreme Court upheld a Town ordinance which requires a town permit and license for non-metallic mining. The ordinance had 1

68 been challenged on the ground that it was actually a zoning ordinance and required county board approval. The Court ruled that towns have authority to adopt police power ordinances which regulate the manner in which land is used, without County Board approval. The ordinance involved was adopted by the Town of Cooks Valley in Chippewa County. The ordinance does not ban sand mining. It merely requires that mineral extraction operations obtain a town permit and comply with the conditions of the permit. Several local residents sued, claiming the ordinance was actually a zoning ordinance because it regulated the use of land. As a zoning ordinance, they argued, it could not be adopted without county board approval. Although the Court cautioned that it was not adopting a specific rule allowing all regulatory ordinances, its decision contains language which includes some of the strongest language in years supporting broad interpretation of Town authority. The Court s decision, prompted in part by a brief filed by Wisconsin Towns Association Counsel Carol B. Nawrocki, makes it clear that Towns do not need county permission to adopt ordinances establishing conditions on sand extraction and other activities. Even more striking, the Supreme Court s decision was joined by all six participating justices (Justice Prosser did not participate). The Court s decision came despite strong objections to the town s ordinance stated in amicus briefs filed by the Wisconsin Realtors Association, represented by its counsel, Thomas Larson, the Aggregate Producers and the Transportation Builders Associations, represented by Axley Brynelson; and Preferred Sands of Minnesota, a sand mining company, represented by Quarles & Brady. The Cooks Valley decision reaffirmed that Towns have the power to adopt regulations based on both statutory authority and home rule (village powers). More recently, the Supreme Court affirmed that Towns regulatory powers include driveway regulations, Ottman v. Town of Primrose, 2011 WI 18, Wis. 2d. (2011) is attached. Towns Regulate Local Driveways In the Ottman case, property owners in the town of Primrose sought permission to construct a driveway across farmland in order to reach the site on which they proposed to build a house. The proposed driveway conflicted with an ordinance the Town had adopted regulating driveways. As you may know, Primrose has a stringent ordinance which forbids development on farmland, including driveways crossing farmland. The Wisconsin Supreme Court affirmed decisions by the Court of Appeals and Dane County Judge Maryann Sumi holding that the ordinance was valid, and was not a zoning ordinance. There are two passages in the decisions that are especially of note. Paragraph 51 of the decision at page 25 notes "the presumption of correctness and validity is appropriate because it recognizes that locally elected officials are especially attuned to local concerns." 2

69 The Town of Blue Mounds has much less stringent driveway regulations than the Town of Primrose. However, the type of regulation of driveways is for individual towns to make. The county has no ordinance regulating driveways. It would be our position that the County has no authority to adopt an ordinance regulating driveways. The County might impose limits on driveways through an amendment to the County zoning ordinance which expressly regulates driveways. The county has never proposed such a regulatory ordinance. I am confident that the DCTA would recommend that the Towns veto such an ordinance. In the Blue Mounds situation, the Zoning and Land Regulation Committee is reportedly withholding approval of the proposed rezoning based on the driveway length. But the proposed rezoning is consistent with the Town s comprehensive plan. The Town has interpreted its driveway regulations to permit the proposed driveway. The Wisconsin Supreme Court concluded in the Ottman case that the Town Board s interpretation of its own ordinance was entitled to deference by a court. That means that if there were a challenge to the County s rejection of this rezoning, the Court would be obligated to defer to the Town s interpretation of the driveway rules. The proposed rezoning is consistent with the applicable regulations and plans. In this situation, the proposed rezoning is consistent with the applicable comprehensive plan and meets the requirements of applicable ordinances. The County does not have the discretion to reject the zoning petition. Under sec , Wis. Stats., county zoning decisions are supposed to be consistent with the comprehensive plan. The entire point of the law and the hundreds of thousands of dollars invested in these plans was to eliminate arbitrary rejection of rezoning proposals. The ZLR Committee has long stated that sec (1)(d) of the Dane County Code requires that all zoning decision be made only on the basis of the plans approved by the County. In searching through the County's Comprehensive Plan, I found only two instances of the word driveway : In the Transportation element [at page 21], Policies and Programs, item seven reads: Use street and roadway access control measures as a means of preserving travel capacity on existing streets and roadways, and of seeking safe and appropriate driveway access points. This language does not deal with driveway lengths. It addresses access, which the County cannot control on Town roads. In the Land Use element, [at page 91] Policies and Programs Item 1. D., the document indicates the County should: Work with towns to develop zoning changes, land division ordinances, conservation subdivision, building codes, driveway codes, intergovernmental agreements and other tools, based on county models where appropriate, to implement local and county planning goals. 3

70 This language does not support the Committee's actions on driveway lengths. It actually supports our point by indicating that the Comprehensive Plan contemplates the County helping Towns adopt Town regulations on driveways. The DCTA strongly endorses local regulations on driveways, and has worked with towns to implement them. But this comprehensive plan provision forms no basis for County zoning action. The local authorities who have to deal with this driveway the Fire and EMS Departments have indicated they accept it. In any event, the County has no authority to establish service standards for local emergency services. The DCTA has been advised that the ZLR has demanded that this property owner obtain engineering plans and studies which have cost thousands of dollars. We would hope that the ZLR would leave regulation of local matters to local units of government. We feel strongly that the County must respect comprehensive plans. In closing, I wish to indicate that the policy embodied in this letter reflects the sentiment of the DCTA Board of Directors, one which has been held for many years. The specific contentions and conclusions herein are the product of my analysis, so this letter should not be taken as the opinion of individual DCTA Board members or staff persons. Sincerely, Mark B. Hazelbaker cc: Dane County Towns 4

71 Staff Report Public Hearing: October 23, 2012 Petition: CUP 2216 Zoning Amendment: Town/sect: Conditional use permit for a Deerfield communication tower Section 4 Zoning and Land Regulation Committee Acres:.25 Survey Req. No Reason: Communication tower expansion Applicant Cyril E Converse Location: 4708 State Highway 73 Description: US Cellular is proposing to extend the height of the existing 200 self-support lattice cell tower. An additional 30 is requested to accommodate the mounting of Dane County public safety communication equipment. The proposal is part of the DaneCom project. Observations: No significant environmental features observed. Existing tower would be extended by 30. Town Plan: The property is located in a community entryway, which the town identifies as appropriate for limited commercial uses. Staff: The proposed tower extension is consistent with the county s tower ordinance which seeks to promote shared telecommunications facilities whenever possible. The applicant has provided a structural analysis of the tower indicating that the tower can accommodate the additional 30 of height. The FAA has issued a determination that the additional height will not pose a hazard to air navigation. Staff recommends that the CUP be approved with the standard set of communication tower conditions, with a modified condition indicating a maximum height of 235 above ground level. See attached preliminary CUP. Town: Pending. 10/23/12 ZLR Action: Motion by Matano / Hendrick to postpone due to no town action; motion carried, 4-0. YGP vote: 2-0. Town Update: The Town has decided to take no action on the application. See letter.

72 « ,000 Feet Legend 100-year floodplain CUP #2216 Converse

73 Page 1 of 2 Lane, Roger From: Duckert, Betty [Betty.Duckert@grainger.com] Sent: Monday, October 29, :19 AM To: Lane, Roger Subject: RE: In need of a Town Action Report Will do From: Lane, Roger [mailto:lane.roger@countyofdane.com] Sent: Monday, October 29, :46 AM To: Duckert, Betty Subject: RE: In need of a Town Action Report Dear Betty,. A formal Conditional Use Permit application has been submitted to Dane County. As part of the approval process, the Town Board is required to act on the application. If the Town chooses not to act, please submit a letter that states that the Town of Deerfield has decided to take no action on CUP #2216. Please place it on Town letterhead. That should take care of the requirement. Thank you for your understanding. Roger Lane Dane County Zoning Administrator -----Original Message----- From: Duckert, Betty [mailto:betty.duckert@grainger.com] Sent: Monday, October 29, :04 AM To: Lane, Roger Subject: RE: In need of a Town Action Report Hi Roger, The Township does not require any thing for the addition to an existing tower. Betty P.S. I am retiring from Grainger on 11/2/12 my at home is bettyaduckert@gmail.com From: Lane, Roger [mailto:lane.roger@countyofdane.com] Sent: Friday, October 26, :42 PM To: Duckert, Betty Subject: In need of a Town Action Report Betty, I need a Town Action Report for a Conditional Use Permit application that was recently approved by the Deerfield Town Board. The CUP is for US Cellular that is located on the Converse property, 4708 Highway 73, Section 4. The 11/6/2012

74 Page 2 of 2 CUP is to extend the existing communication tower an additional 30 feet. See attached Staff report. I have also attached a blank CUP Town Action Report. You can it back or fax it to (608) Thanks. Roger Lane Dane County Zoning Administrator 11/6/2012

75 Dane County Zoning Division City-County Building 210 Martin Luther King, Jr., Blvd., Room 116 Madison Wisconsin (608) / Fax (608) DANE COUNTY CONDITIONAL USE PERMIT # 2216 THE ZONING AND LAND REGULATION COMMITTEE OF THE DANE COUNTY BOARD PURSUANT TO SECTION (2) OF THE DANE COUNTY CODE OF ORDINANCES DOES HEREBY: GRANT Conditional Use Permit # 2216 for a communications tower pursuant to Dane County Code of Ordinance Sections 10.14(2)(j) and and subject to any conditions contained herein: EFFECTIVE DATE OF PERMIT: PENDING THE CONDITIONAL USE SHALL BE LOCATED ON THE PROPERTY DESCRIBED AS FOLLOWS: A part of the NW 1/4 of the NE 1/4 of Section 4, Township 7 North, Range 12 East, Town of Deerfield, Dane County, Wisconsin containing 10,000 square feet (0.230 acres) of land and being described by: Commencing at the North Quarter Corner of Section 4; thence N E feet along the North line of the NE 1/4 of said Section 4 to the North extension of the West line of a tract of land as described in Volume 155 of Records, Page 304, as Document No ; thence S E (Recorded as S02-36 E) feet along said West line to an iron stake found at the Northwest Corner of said tract and the South Right-of-Way line of Interstate No. 94; thence N E (Recorded as S74-28 W) feet along said South line; thence Easterly feet along said South line and the arc of a curve to the right, having a radius of feet, and a chord of which bears N E feet; thence S E feet to the point of beginning; thence S W feet; thence S E feet; thence N E feet; thence N W feet to the point of beginning; being subject to any and all easements and restrictions of record. CONDITIONS: 1. The primary use of the communication tower permitted under Conditional Use Permit No shall be for the transmission and reception of cellular/pcs wireless voice / data communications, and related telecommunications equipment. This Conditional Use Permit is being issued to US Cellular, which is the anchor tenant and owner / operator of the tower. S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2216 proposed.doc

76 2. The communication tower placed, constructed or modified under Conditional Use Permit No shall accommodate the collocation of telecommunications equipment for at least five (5) telecommunications providers, including Dane County Public Safety Communications equipment. The maximum height of the tower shall not exceed 235 feet above ground level. 3. The minimum of five (5) collocation sites required hereunder need not be available on the tower as initially placed, constructed, or modified, provided that the tower will support the later addition of the collocation sites as specified in condition #2, above. 4. Collocation sites required hereunder shall, upon request, be made available by the holder of Conditional Use Permit No for the mounting of technologically compatible antenna arrays and equipment at the prevailing market rate in the region and upon contractual provisions which are standard in the industry. 5. Subject to further conditions set forth herein as to total floor area and location, the holder of Conditional Use Permit No is permitted to construct a building of no more than 14 feet in height (as defined in section (8) of the Dane County Zoning Ordinance in effect in March 1997) and 314 square feet in floor area for use directly incidental and necessary to the use of the tower. Any other user collocating on the tower permitted herein is permitted to construct a building of no more than 14 feet in height (as defined in section (8) of the Dane County Zoning Ordinance in effect in March 1997) and 314 square feet in floor area for use directly incidental and necessary to the use of the tower. Two or more users of the tower may build a single building with a floor area of no more than 314 square feet per user sharing the building. Buildings constructed or used by tower collocators shall be subject to all conditions established for Conditional Use Permit No.2216, including locational requirements contained in the site plan. 6. The holder of Conditional Use Permit No shall, through ownership, lease, option or other means, at all times have the right to use the land associated with the permitted tower for uses related to the use of the collocation sites required hereunder, including the construction and use of buildings as permitted under paragraph 5 herein. 7. The final site plan(s) and construction drawings and structural analysis report by Semaan Engineering Solutions dated 4/26/2012, are fully incorporated herein and continued effectiveness of Conditional Use Permit No is expressly conditioned upon compliance with those plans. 8. Upon written inquiry by the committee, the holder of Conditional Use Permit No shall have the burden of presenting to the committee credible evidence establishing to a reasonable certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. In the event the committee determines that it is necessary to consult with a third party to ascertain compliance with conditions on Conditional Use Permit No. 2216, all reasonable costs and expenses associated with such consultation shall be borne by the holder of said conditional use permit. Failure to pay such costs and expenses or provide information requested by the committee shall be grounds for revocation of the conditional use permit. S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2216 proposed.doc

77 9. The holder of Conditional Use Permit No shall within 30 days of any collocation on the permitted tower provide the committee with written notification of the identity of the collocator and the nature of the equipment installed. Within 30 days of the date on which any collocated use ceases, the permit holder shall provide the committee with written notice of the cessation of such use. Any changes due to collocation or otherwise shall be reviewed by the Zoning Administrator prior to implementation to determine if permits are needed and to determine that such changes are in compliance with terms of the CUP and does not significantly alter the appearance or structural integrity of the tower approved and permitted under this CUP. 10. If at any time the communication tower permitted under Conditional Use Permit No ceases to be used for the primary use, as identified in paragraph 1 above, for a continuous period of 12 months the permit holder shall, upon notification by the committee, dismantle and remove the tower. If the tower is not removed within 30 days of such notification, Dane County may enter upon the premises and remove the tower at the expense of the holder of the conditional use permit. 11. Prior to issuance of the requested conditional use permit, and as a condition of its continued validity, applicant shall provide Dane County with a bond, or evidence of an existing bond, in the amount of $20,000 ensuring performance of applicant's obligation to remove any communication tower, array or any other equipment or structure placed or erected pursuant to the conditional use permit, including payment for such removal by Dane County or its agent, in the event the permit is revoked or the use permitted thereunder ceases for a continuous period of 12 months. Said bond shall expressly state that it will remain in full force and effect for a period of at least six months after the surety provides Dane County written notification of expiration or termination of the surety's obligation under the bond. Applicant shall remove any communication tower, array or any other equipment or structure placed or erected pursuant to the conditional use permit no less than 30 days prior to the termination or expiration of the bond required hereunder. 12. The applicant has submitted FAA Aeronautical Study No AGL-477-OE which verifies that the proposed 235 self-support lattice tower will not pose a hazard to air navigation. Said FAA study is incorporated herein, and continued compliance with the terms and conditions of that determination is required. 13. All tower components, appurtenances and transmission lines should be securely bonded and grounded to prevent RF interference caused by stray signals. 14. A Wisconsin-licensed Structural Engineer should approve and stamp the final tower design and construction drawings. 15. The applicant shall paint steel appurtenances the same color as the tower to minimize visual impact. 16. Failure to comply with any of the aforesaid conditions shall be grounds for the committee to immediately revoke Conditional Use Permit No S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2216 proposed.doc

78 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. S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2216 proposed.doc

79 Staff Report Public Hearing: August 28, 2012 Petition: Rezone Zoning Amendment: Town/sect: A-1EX Agriculture to R-1 Windsor Residence Section 3 Zoning and Land Regulation Committee Acres:0.63 Survey Req. Yes Reason: Separate existing residence from the farmland Applicant Belda Farms Inc Location: 3838 County Highway V DESCRIPTION: The petitioner would like to separate the farm house from the remaining 78-acre farm. OBSERVATIONS: The area consists entirely of Class II soils. No other sensitive environmental features observed. TOWN PLAN: The subject property is in the Agricultural land use district as defined in the Town of Windsor Comprehensive Plan. The density of non-farm development allowed in this district is limited to one lot per 35 acres of land owned as of 6/23/1993. Rezoning and separation of residences existing prior to this date do not count against the density policy. The density study for this property shows four development rights associated with the original Belda farm. Separation of the residences as requested in Petition #10467 will not use any of these four development rights (aka splits ). STAFF: The proposal meets the dimensional standards of the zoning district. 8/28/12 ZLR Action: Motion by Matano / Hendrick to postpone action until town action is received; motion carried,4-0. YGP vote: /18 TOWN ACTION: Approved conditioned upon the new lot being prohibited from further subdivision; a notice being placed on the 78-acre property that identifies 2 housing density rights remaining; and the recording of a shared driveway agreement and a joint well agreement.

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