ZONING & LAND REGULATION COMMITTEE WORK MEETING AGENDA

Transcription

1 ZLR Committee Work Meeting Agenda Page 1 of 3 August 14, 2012 DANE COUNTY BOARD OF SUPERVISORS ZONING & LAND REGULATION COMMITTEE WORK MEETING AGENDA Date: Tuesday, August 14, 2012 Time: 7:30 P.M. Location: ROOM 351, 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 07/17/12, 07/24/12, and 07/31/12 meetings of the Zoning & Land Regulation Committee. III. PUBLIC COMMENT IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE JULY 31, 2012 PUBLIC HEARING 1. PETITION: REZONE APPLICANT: TOWN OF WINDSOR, MHG PROPERTIES LOCATION: REVERE TRAILS CONDOMINIUM PLAT, SECTION 33, TOWN OF WINDSOR CHANGE FROM: Wetlands to non-wetland status REASON: proposed roadway crossing wetland area 2. PETITION: REZONE APPLICANT: GOODWILER REV TR, CARL F, LOCATION: 9838 DUNLAP HOLLOW ROAD, SECTION 35, TOWN OF MAZOMANIE CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District and A-4 Agriculture District REASON: creating one residential lot

2 ZLR Committee Work Meeting Agenda Page 2 of 3 August 14, 2012 V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION: REZONE and CUP APPLICANT: DALE R HUSTON LOCATION: 3355 COUNTY HIGHWAY N, SECTION 28, TOWN OF COTTAGE GROVE CHANGE FROM: A-1EX Agriculture District TO A-2 Agriculture District REASON: rezone to allow for cup concrete batch plant CUP DESCRIPTION: portable concrete batch plant 2. PETITION: Revocation of Conditional Use Permit #1353 and #1450 OWNER: KJK ENTERPRISES, LLP LOCATION: 3752 COUNTY HIGHWAY P, SECTION 27, TOWN OF CROSS PLAINS REASON: Owner failing to comply with conditions of approval for residence on property. VI. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: None 2. FINAL PLATS: a. FIRST ADDITION TO NINE SPRINGS, City of Fitchburg, Section 11 (7 lots) (application deadline 8/20/12) Staff recommends a certification of non-objection. b. SECOND ADDITION TO NINE SPRINGS, City of Fitchburg, Section 11 (6 lots) (application deadline 8/20/12) Staff recommends a certification of non-objection. 3. CERTIFIED SURVEY MAPS: None. VII. RESOLUTIONS 1. None. VIII. ORDINANCE AMENDMENTS 1. Substitute 1 to Ordinance Amendment 11, : Amending Chapter 75 of the Dane County Code of Ordinances regarding lot frontage on a public street. IX. OTHER BUSINESS 1. Site Plan review for the removal and replacement of a farm house for Robert Scidmore, located at 7864 Padley Road, Section 1, Town of Roxbury, pursuant to Dane County Code of Ordinance section (2)(B)3. 2. Discussion of the possible development of the Larson Property, 80 acres located in Southeast ¼ of the Northeast ¼ of Section 3, Town of Blue Mounds

3 ZLR Committee Work Meeting Agenda Page 3 of 3 August 14, Discussion of the status of pending Zoning Petitions and Conditional Use Permits: a. Petition #10332: Vernon Halverson, Section 25, Town of Black Earth: Creating lot for commercial use: 9/27/11 ZLR meeting: postponed until a site plan was developed for the commercial use. b. Petition #10340: Robert Reige, Section 3, Town of Christiana: Creation of one residential lot. 2/21/12 ZLR meeting: postpone for future scheduling. c. Petition #10342: Robert Reige, Section 3, Town of Christiana: removal of 1.6 acres of land from wetland inventory maps. 2/21/12 ZLR meeting: postpone for future scheduling. d. Conditional Use Permit #2183:Jennifer Miller, Section 6, Town of Springfield: Religious use. 12/27/11 ZLR meeting: postponed due to no town action and opposition. e. Petition # 10408: Mart Enterprises, Section 12, Town of Burke: 7/17/12 ZLR meeting: postponed until correspondence is received by the City of Sun Prairie or applicant. f. Petition #10424: Swan You See, LLC, Section 13, Town of Verona: undetermined commercial development. 5/22/12 ZLR meeting: postponed due to no town action and conflicts with current comprehensive plan g. Petition #10450: Micheal Knight, Section 36, Town of Verona: adjustment of property lines. 7/31/12 ZLR meeting: postponed due to no town action. h. Petition #10451: TMS Investment, LLC, Section 23, Town of Burke: multi-family development. 7/31/12 ZLR meeting: postponed due to opposition, no town action, and conflicts with comprehensive plan 2. Report of approved Certified Survey Maps a. APP # 9403, R&G Miller, Town of York, Section 8 (1 lot, 12.3 acres) b. APP # 9388, Keepman, Town of Vermont, Section 9 (1 lot, 12.2 acres) c. APP # 9395, Kruchten, Town of Springfield, Section 18 (3 lots, 39.1 acres) d. APP # 9401, Kessler Farms, Town of Deerfield, Section 17 (1 lot, 15.7 acres) e. APP # 9402, Kessler Farms, Town of Deerfield, Section 8/17 (4 lots, 37.1 acres) X. ADJOURN Supervisor Patrick Miles, Chair, Zoning & Land Regulation Committee AGENDA POSTED: August 9, 2012

4

5 ZLR Committee Work Meeting Minutes Page 1 of 6 July 17, 2012 NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the Committee. ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE JULY 17, 2012 MEETING MEMBERS PRESENT: Bollig, Hendrick, and Miles. Excused: Matano. YOUTH IN GOVERNANCE PROGRAM (YGP) MEMBERS PRESENT: Morales and Severson. OTHERS PRESENT: Everson, Lane, and Violante. I. CALL TO ORDER Chair Miles called the meeting to order at 7:35pm in Room 351 of the City-County Building. II. APPROVAL OF MINUTES Motion by Hendrick / Bollig to approve the minutes of the 06/12/12 and 06/26/12 meetings of the Zoning & Land Regulation Committee; motion carried, 3-0. III. PUBLIC COMMENT No comments made by the public. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE JUNE 26, 2012 PUBLIC HEARING 1. PETITION: REZONE APPLICANT: WINDSOR GOLF VENTURES INC LOCATION: 4618 GOLF DRIVE, SECTION 30 and 31, TOWN OF WINDSOR CHANGE FROM: RE-1 Recreational District TO R-3 Residence District and R-4 Residence District REASON: creating a residential subdivision plat TOWN: Approved with conditions Motion by Hendrick / Bollig to recommend approval with conditions; motion carried, 3-0. YGP vote: The applicant shall enter into a developers agreement with the town within two (2) years of rezone approval by Dane County. Said agreement must include a provision that provides for the installation of a footpath along Golf Drive. A copy of the agreement must be provided to Dane County Zoning within the two (2) year Delayed Effective Date and prior to approval of the final plat. 2. There shall be two public road accesses to the development by dedication of a through street in the location shown on the preliminary plat. 3. The project shall replace a 66-inch corrugated metal pipe and weir structure at the proposed Augusta Court s stream crossing. This replacement structure will likely be a larger single cell box culvert. Also, the Yahara River golf path crossing near Linden Court was a 66-inch culvert pipe with concrete abutments. The two other similar golf path crossings shall be replaced with clear span bridges with the renovation of the golf course. The replacement of these structures will aid in enlarging these man-made constrictions of the natural flows and help the flood waters equalize during flood events.

6 ZLR Committee Work Meeting Minutes Page 2 of 6 July 17, PETITION: REZONE APPLICANT: ARMELLA KALSCHEUR LOCATION: 2700 FT SOUTH OF RILES ROAD ON CHURCH ROAD, SECTION 27, TOWN OF SPRINGFIELD CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes and A-4 Agriculture District REASON: creation of 3 residential lots TOWN: Approved with condition Motion by Hendrick / Bollig to recommend approval with conditions; motion carried, 3-0. YGP vote: A Driveway Agreement shall be recorded with the register of deeds using the driveway document presented by Quam Engineering, revision date 04/16/12 and the Joint Driveway Agreement drafted by Ableidinger Law dated 02/22/ A deed restriction shall be recorded on parcel numbers , , , and to prohibit further residential development on the property. 3. PETITION: REZONE APPLICANT: DANIEL P VINEY LOCATION: 2236 US HIGHWAY 12 & 18, SECTION 34, TOWN OF COTTAGE GROVE CHANGE FROM: A-2 (4) Agriculture District TO A-1EX Agriculture District and A-2 (2) Agriculture District REASON: reconfigure existing certified survey map TOWN: Approved with no conditions Motion by Hendrick / Bollig to recommend approval; motion carried, 3-0. YGP vote: 2-0. V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION: REZONE APPLICANT: MART ENTERPRISES LLC LOCATION: N & E OF 3380 SOUTH THOMPSON ROAD, SECTION 12, TOWN OF BURKE CHANGE FROM: A-1 Agriculture District TO C-2 Commercial District REASON: retail commercial uses TOWN: Approved with condition Motion by Bollig / Hendrick to postpone until correspondence is received from the City of Sun Prairie or the applicant; motion carried, 3-0. YGP vote: 2-0. VI. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: a. JOHN WILKINSON CROPLAND, Town of Black Earth, Section 28 & 29 (2 lots) (33.2 acres) (Application deadline is 09/24/2012) Acceptance of application and schedule for a future consideration pursuant to established committee policy. Motion by Hendrick / Bollig to accept the application and schedule for consideration; motion carried, 3-0. YGP vote: 2-0. b. REVERE TRAILS, Town of Windsor, Section 33 & 34 (61 lots) (73 acres) (Application deadline is 08/19/2012) Motion by Hendrick / Bollig to approve subject to the following conditions; motion carried, 3-0. YGP vote: 2-0.

7 ZLR Committee Work Meeting Minutes Page 3 of 6 July 17, City of Sun Prairie Extraterritorial Zoning. 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. See Pam Andros, Senior Planner letter dated June 7, 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. Currently, a recorded condominium, recorded as Document# , Dane County Registry. Platting of this land would violate S (1m)(b), Wisconsin Statutes. 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 6 does not meet the lot area requirements with respect to the shoreland-zoning district. Lots located in shoreland area shall meet all area and width standards required in section 10.05(4), R-1 residence district. Unsewered lots within the shoreland district shall not be less than 100 feet in width at the building setback line and have an area of not less than 20,000 square feet. Land Division variance from Ch (6)(c) and a variance from Ch (4) through the Dane County Board of Adjustment will be required or redesign the outlot to meet the dimensional standards. 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.

8 ZLR Committee Work Meeting Minutes Page 4 of 6 July 17, OL 4 is to be conveyed to the Town of Windsor prior to final plat being recorded. Otherwise OL 4 will have to meet the public road frontage requirements with respect to Ch (6)(b) and the lot area requirements with respect to the shoreland-zoning district. 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. Dane County Surveyor approval is to be obtained. 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. Grading and surfacing. 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: Surety bond in an amount sufficient to complete the work. Certified check in an amount sufficient to complete the work. 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. 2. FINAL PLATS: a. Burnson s Ridge, Town of Bristol, Section 18 (30 lots) (39.57 acres) Consideration of the 09/12/2006 conditional approval and execution of the plat document pursuant to established Committee policy. Staff finds that the 09/12/2006 conditions of approval have been satisfied. Motion by Hendrick / Bollig to approve; motion carried, 3-0. YGP vote: 2-0. Chair Miles signed the Plat.

9 ZLR Committee Work Meeting Minutes Page 5 of 6 July 17, 2012 b. Mayr s Park View Estates, Town of Windsor, Section 35 (6 lots) (10.99 acres) Consideration of the 05/23/2006 conditional approval and execution of the plat document pursuant to established Committee policy. Staff finds that the 05/23/2006 conditions of approval have been satisfied. Motion by Hendrick / Bollig to approve; motion carried, 3-0. YGP vote: 2-0. Chair Miles signed the Plat. 3. CERTIFIED SURVEY MAPS: a. None VII. RESOLUTIONS 1. None. VIII. ORDINANCE AMENDMENTS 1. ORDINANCE AMENDMENT 6, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Mazomanie Comprehensive Plan into the Dane County Comprehensive Plan. Motion by Bollig / Hendrick to postpone until correspondence is received from the Town.; motion carried, 3-0. YGP vote: 2-0. IX. OTHER BUSINESS 1. Discussion of the Larson Property, 80 acres located in Southeast ¼ of the Northeast ¼ of Section 3, Town of Blue Mounds Supervisor Hendrick outlined possible options for the property. Option 1 would be to amend the zoning for a portion of the property around where the destroyed house was located to facilitate a residential dwelling. Option 2 would be to replace the destroyed house under the provisions allowed under Wisconsin Statutes. Option 3 would be to transfer the development rights of the property to a more suitable location in the Town. The committee decided to conduct a site visit to the Larson Property. The site visit was scheduled for Tuesday, July 24, 2012 at 8:30am. The meeting will begin at 3205 Bergum Road, Town of Blue Mounds. 2. Report of approved Certified Survey Maps a. APP # 9384, Clark, Town of Oregon, Section 8 (2 lots, 5 acres) b. APP # 9385, Cassidy, Town of Springdale, Section 2 (1 lot, 2.9 acres) c. APP # 9359, McDonell, Town of Dunn, Section 8 (3 lots, 0.78 acres) d. APP # 9371, Hellenbrand, Town of Springfield, Section 16 (1 lot, 26.4 acres) e. APP # 9372, Schoepp, Town of Cross Plains, Section 4/9 (4 lots, 32.8 acres) f. APP # 9396, Mis-Town Center., Town of Madison, Section 36 (3 lots, 4.7 acres) g. APP # 9378, Haack, Town of Cross Plains, Section 8 (1 lots, 2.9 acres) h. APP # 9392, Flaig, Town of Cross Plains, Section 17 (3 lots, 4.2 acres) i. APP # 9374, Egan, Town of Sun Prairie, Section 23 (1 lots, 6.7 acres) No comments made by the Committee. 3. Discussion and possible action on re-establishing the Farmland Preservation Plan Subcommittee. Motion by Bollig / Hendrick to re-establish the Farmland Preservation Plan Subcommittee; motion carried, 3-0. Youth Governance Member Morales and Severson requested to be part of the subcommittee. YGP vote: Report on recent zoning violations

10 ZLR Committee Work Meeting Minutes Page 6 of 6 July 17, 2012 Zoning Administrator Lane provided information of the recent zoning violations occurring in Dane County to the Committee. X. ADJOURN Motion by Bollig / Hendrick to adjourn the meeting at 8:40pm; motion carried, 3-0. YGP vote: 2-0. Roger Lane, Recording Secretary Minutes filed with the County Clerk 07/18/12 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.

11 ZLR Committee Site Inspection Meeting Minutes Page 1 of 1 July 24, 2012 NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the Committee. ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE JULY 24, 2012 SITE INSPECTION MEETING MEMBERS PRESENT: Bollig and Hendrick. Miles arrived at 8:47am. Excused: Matano. YOUTH IN GOVERNANCE PROGRAM (YGP) MEMBERS PRESENT: Morales and Severson. STAFF PRESENT: Lane and Violante. OTHERS PRESENT: Tom Larson, Jon Larson, Mike Dillis, Attorney Joe Bartol, Tom Hansen, Al Antonson, Alfonso Morales, Fire Chief Craig Brinkman, Supervisor Pat Downing, Eric Brinkman, and Jack Mlsna. I. CALL TO ORDER Acting Chair Bollig called the meeting to order at 8:35am at 3205 Bergum Road, Town of Blue Mounds Note: Miles arrived at 8:47am. II. Site Visit 1. A site inspection was conducted by the Committee on the 80 acres owned by the Larsons located in the Southeast ¼ of the Northeast ¼ of Section 3, Town of Blue Mounds. Fire Chief Brinkman informed the Committee of how the Mount Horeb Area Joint Fire Department responds to emergency situations in rural areas. The Committee and attendees viewed the previous home site and walked the proposed driveway to the proposed building site. III. ADJOURN: Motion by Bollig / Miles to adjourn the meeting at 9:45am; motion carried, 3-0. YGP vote: 2-0. Roger Lane, Recording Secretary Minutes filed with the County Clerk 07/27/12 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.

12

13 ZLR Committee Public Hearing Agenda Page 1 of 6 July 31, 2012 ZONING & LAND REGULATION COMMITTEE Dane County Board of Supervisors MINUTES OF THE JULY 31, 2012 PUBLIC HEARING MEMBERS PRESENT: Bollig, Miles, and Matano. Arrived late: Hendrick. YOUTH IN GOVERNANCE PROGRAM (YGP) MEMBERS PRESENT: Morales and Severson. OTHERS PRESENT: Everson, Kodl, Lane, Violante, and Members of the Public. I. CALL TO ORDER Chair Miles called the meeting to order at 7:32pm in Room 351of the City-County Building. II. PUBLIC COMMENT No comments made by the public. III. PUBLIC HEARING FOR ZONING MAP AMENDMENTS, CONDITIONAL USE PERMIT APPLICATIONS, RESOLUTIONS, AND ORDINANCE AMENDMENTS 1. PETITION: REZONE APPLICANT: SKAAR SCATTERED ACRES INC LOCATION: WEST OF 2509 COUNTY HIGHWAY BN, SECTION 14, TOWN OF PLEASANT SPRINGS CHANGE FROM: A-1EX Agriculture District TO A-2(2) Agriculture District REASON: reconfigure existing certified survey map IN FAVOR: Eric Sandsnes of Royal Oak Engineering represented the petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Bollig to recommend approval; motion carried, 3-0. YGP vote: PETITION: REZONE APPLICANT: DONALD J RIPP LOCATION: 9751 COUNTY HIGHWAY KP, SECTION 36, TOWN OF BLACK EARTH CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: separation of existing residence from farmland IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Bollig to recommend approval; motion carried, 3-0. YGP vote: PETITION: REZONE and CUP APPLICANT: CHARLES L BRONKHORST LOCATION: 398 SUN PRAIRIE ROAD, SECTION 23, TOWN OF YORK CHANGE FROM: RH-2 Rural Homes District TO LC-1 Limited Commercial District REASON: allow a limited rural business with single-family residence CUP DESCRIPTION: welding and equipment/vehicle repair business with residence

14 ZLR Committee Public Hearing Agenda Page 2 of 6 July 31, 2012 IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Bollig to recommend approval of Petition #10448; motion carried, 3-0. YGP vote: 2-0. Motion by Matano / Bollig to approve Conditional Use Permit #2207 with 7 conditions and contingent upon Petition #10448 becoming effective; motion carried, 3-0. YGP vote: The Limited Rural Business shall be limited welding and repairs to farm vehicles/equipment, recreational/construction equipment, automobiles, semi-tractors/construction vehicles. 2. Hours of operation shall be from 7 am to 5 pm, 7 days a week. 3. Up to 12 vehicles may be stored outside in a neat and orderly fashion. 4. Sanitary facilities are permitted in the building. 5. All employees working on the property shall be members of the family residing on the premises and up to four full-time employees. 6. Owner of the business shall reside on the property. 7. The conditional use permit shall automatically expire on sale of the property or the business to an unrelated third party. 4. PETITION: REZONE APPLICANT: TOWN OF WINDSOR, MHG PROPERTIES LOCATION: REVERE TRAILS CONDOMINIUM PLAT, SECTION 33, TOWN OF WINDSOR CHANGE FROM: Wetlands to non-wetland status REASON: proposed roadway crossing wetland area IN FAVOR: Attorney Michael Lawton represented the developer OPPOSED: None STAFF: P&D, HWY DNR: Notice of Water Quality Certification Letter TOWN: Approved with no conditions Motion by Matano / Bollig to recommend denial. Matano requested the motion be withdrawn. Motion by Miles / Bollig to postpone action on the petition until the matter is reviewed by Dane County Land Conservation Division; motion carried, 3-0. YGP vote: PETITION: REZONE APPLICANT: MICHAEL D KNIGHT LOCATION: 6420 SUNSET DRIVE, SECTION 36, TOWN OF VERONA CHANGE FROM: RH-1 Rural Homes District TO A-2(1) Agriculture District REASON: zoning compliance for minimum lot size IN FAVOR: No representation OPPOSED: None STAFF: P&D, HWY TOWN: Pending Motion by Matano / Bollig to postpone due to no town action; motion carried, 3-0. YGP vote: PETITION: REZONE APPLICANT: TMS INVESTMENTS LLC LOCATION: NW CORNER OF BURKE ROAD AND REINER ROAD, SECTION 23, TOWN OF BURKE CHANGE FROM: R-1A Residence District TO R-4 Residence District REASON: proposed multi-family buildings IN FAVOR: No representation

15 ZLR Committee Public Hearing Agenda Page 3 of 6 July 31, 2012 OPPOSED: Emma Godfrey; letter from the City of Madison Planning Division; and Bill Ziegler representing Madison Crushing and Excavating STAFF: P&D, HWY TOWN: Pending Motion by Matano / Bollig to postpone due to no town action and public opposition; motion carried, 3-0. YGP vote: PETITION: REZONE APPLICANT: NANCY J SCHOEFFLING LOCATION: 7621 MARSHALL ROAD, SECTION 10, TOWN OF YORK CHANGE FROM: RH-1 Rural Homes District TO A-2 (1) Agriculture District and A-1EX Agriculture District REASON: remove cropland from existing residential lot IN FAVOR: William Kranz OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Bollig to recommend approval amending the zoning district to R-1A; motion carried, 3-0. YGP vote: 2-0. NOTE: Supervisor Hendrick arrived at 8:02pm. 8. PETITION: REZONE APPLICANT: KALSCHEUR LIVING TR, JAMES L & KAY LOCATION: SOUTH OF 7236 CLEMENS ROAD, SECTION 18, TOWN OF VIENNA CHANGE FROM: A-1EX Agriculture District TO R-1A Residence District REASON: creating one residential lot IN FAVOR: Dennis Kalscheur 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: GOODWILER REV TR, CARL F, LOCATION: 9838 DUNLAP HOLLOW ROAD, SECTION 35, TOWN OF MAZOMANIE CHANGE FROM: A-1EX Agriculture District TO RH-2 Rural Homes District and A-4 Agriculture District REASON: creating one residential lot IN FAVOR: Noa Prieve of Williamson Surveying represented the petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with conditions Supervisor Hendrick expressed concerns regarding the Town Comprehensive Plan policy of discouraging development in areas of 12% slope and greater. Motion by Matano / Hendrick to postpone the petition to allow time for staff to work with the surveyor to find an area for development with slopes of 12% or less; motion carried, 4-0. YGP vote: PETITION: REZONE APPLICANT: TERESA L STATZ LOCATION: NORTH OF 5840 ENCHANTED VALLEY ROAD, SECTION 13, TOWN OF BERRY CHANGE FROM: A-1EX Agriculture District TO RH-1 Rural Homes District REASON: creating one residential lot

16 ZLR Committee Public Hearing Agenda Page 4 of 6 July 31, 2012 IN FAVOR: Petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Hendrick / Matano to recommend approval; motion carried, 4-0. YGP vote: PETITION: CUP APPLICANT: 2500 RIMROCK LLC LOCATION: 2504 RIMROCK ROAD, SECTION 36, TOWN OF MADISON CUP DESCRIPTION: drive-in establishment, car wash IN FAVOR: Douglas Pahl of Aro Eberle Architects represented the petitioner OPPOSED: None STAFF: P&D, HWY TOWN: Approved with no conditions Motion by Matano / Hendrick to approve Conditional Use Permit #2208 with 6 conditions; motion carried, 4-0. YGP vote: Hours of operation shall be from 6:00am to 12:00am including gasoline dispensing. 2. Exterior lighting shall be full-cutoff or direct-down lighting. Parking lot lighting and canopy lighting shall be limited to 0.5 foot candles at the property line with the exception of the eastern edge of the property. The northeast corner of the property and the southeast corner of the property shall be limited to 1.5 footcandles at the property line. 3. Loudspeakers or amplified sounds shall not exceed 25 dba decibels at the property line. 4. Carwash dryer noise shall not exceed 70 dba decibels at the south property line. 5. The parking area shall not be used for the outside storage of materials or goods. 6. The trash enclosure shall be screened with materials simular to the main building materials. 12. ORDINANCE AMENDMENT 8, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Cottage Grove Comprehensive Plan into the Dane County Comprehensive Plan. IN FAVOR: Town OPPOSED: None TOWN: Approved Motion by Matano / Hendrick to recommend approval of the change to the Town of Cottage Grove s Comprehensive Plan; motion carried, 4-0. YGP vote: Annual review of the following Salvage Recycling Center licenses pursuant to Dane County Code of Ordinance, Section 10.20(3): a. Permit # , John Rowley, 1748 Springrose Rd, Verona WI (Town of Verona) b. Permit # , Richard Diehl, 5478 Norway Grove School Rd, Deforest WI (Town of Vienna) c. Permit # , Brian Outhouse, 665 Dead End Rd, Mt Horeb WI (Town of Perry) d. Permit # , Steven Suter, 3333 Femrite Dr, Madison WI (Town of Blooming Grove) e. Permit # , John Mullarkey, 936 Glenway Rd, Oregon WI (Town of Oregon) f. Permit # , Michael Cutrano, 300 USH 12 & 18, Cambridge WI (Town of Christiana) IN FAVOR: None OPPOSED: None Everson informed the committee that he recently conducted inspections of each of the Salvage Recycling Centers and found them to be in compliance with the county ordinance. Motion by Bollig / Matano to approve the above listed Salvage Recycling Center licenses; motion carried, 4-0. YGP Vote: 2-0.

17 ZLR Committee Public Hearing Agenda Page 5 of 6 July 31, 2012 IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. None. V. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: a. JOHN WILKINSON CROPLAND, Town of Black Earth, Section 28 & 29 (2 lots) (33.2 acres) (Application deadline is 09/24/2012) Staff recommends conditional approval. Motion by Hendrick / Bollig 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. Recording of a Deed Restriction with Dane County Register of Deeds Office with condition that the proposed lots shall be deed restricted to prohibit residential development. Recording of a Subdivision Plat Map with Dane County Register of Deeds Office. 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. 2. FINAL PLATS: a. RIVERS TURN FIRST ADDITION, Village of DeForest, Section 19 (16 lots) (application deadline 7/31/12) Staff recommends a certification of non-objection. Motion by Hendrick / Matano to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; motion carried, 4-0. YGP vote: 2-0. b. MIDDLETON RIDGE AT MISTY VALLEY, City of Middleton, Section 35 (85 lots) (application deadline 8/9/12) Staff recommends a certification of non-objection. Motion by Hendrick / Matano to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; motion carried, 4-0. YGP vote: CERTIFIED SURVEY MAPS: a. None VI. RESOLUTIONS 1. None. VII. ORDINANCE AMENDMENTS 1. ORDINANCE AMENDMENT 6, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Mazomanie Comprehensive Plan into the Dane County Comprehensive Plan. Motion by Hendrick / Bollig to recommend approval with accepted addendum; motion carried, 4-0. YGP vote: 2-0.

18 ZLR Committee Public Hearing Agenda Page 6 of 6 July 31, ORDINANCE AMENDMENT 8, : Amending Chapter 82 of the Dane County Code of Ordinances, Incorporating the Town of Cottage Grove Comprehensive Plan into the Dane County Comprehensive Plan. SEE MOTION ABOVE. VIII. OTHER BUSINESS 1. Annual review of the following Salvage Recycling Center licenses pursuant to Dane County Code of Ordinance, Section 10.20(3): a. Permit # , John Rowley, 1748 Springrose Rd, Verona WI (Town of Verona) b. Permit # , Richard Diehl, 5478 Norway Grove School Rd, Deforest WI (Town of Vienna) c. Permit # , Brian Outhouse, 665 Dead End Rd, Mt Horeb WI (Town of Perry) d. Permit # , Steven Suter, 3333 Femrite Dr, Madison WI (Town of Blooming Grove) e. Permit # , John Mullarkey, 936 Glenway Rd, Oregon WI (Town of Oregon) f. Permit # , Michael Cutrano, 300 USH 12 & 18, Cambridge WI (Town of Christiana) SEE MOTION ABOVE. IX. ADJOURN Motion by Matano / Hendrick to adjourn the meeting at 8:42pm; motion carried, 4-0. YGP vote: 2-0. Roger Lane, Recording Secretary Minutes filed with the County Clerk 08/01/12 Note: These minutes are the notes of the recorder and are subject to change at a subsequent meeting of the committee.

19 Staff Report Public Hearing: July 31, 2012 Petition: Rezone Zoning Amendment: Town/sect: Wetlands to Non-Wetlands Windsor Section 33 Zoning and Land Regulation Committee Acres:.02 Survey Req. No Reason: Proposed roadway crossing wetland area Applicant Windsor, Town of Location: Outlot 6, Revere Trails subdivision Previous submittal of Petition # that was denied by the County Board September 1, DESCRIPTION: The petitioner request approval to place a public street through an area identified as being part of a wetland. The proposed roadway will permit access from the Terrace Park Subdivision, to the North, to Highway 19. OBSERVATIONS: There is a pending violation occurring due to the developer constructing a culvert for Revere Pass without the necessary approvals. The DNR and Army Corps of Engineering are currently dealing with this violation. TOWN PLAN: The Town Plan shows this area as part of the planned street system for the area. STAFF: In order to remove areas from wetlands, the ZLR Committee must find that the removal does not adversely impact items noted in DCCO 11.10(2). See attached. DNR: The WDNR has issued a Notice of Water Quality Certification (after-the-fact permit) for the installation of culverts and grading within a wetland in this area. TOWN: Approved with no conditions. ZLR Action 7/31/12: Motion by Miles / Bollig to postpone action on the petition until the matter is reviewed by Dane County Land Conservation Division; motion carried, 3-0. YGP vote: 2-0.

20 Pederson Crossing Blvd Token Way Forest Park Dr Sunnyvale Dr Aric Ave Millstone Cir Reardon Rd Winding Way Kimberly Way Wendell Way Egre Rd Bear Tree Pkwy Forest Park Dr Unnamed Removal of Wetland Portage Rd «19 Steven Dr Monticello Dr Savannah Dr Hanover Dr Mary Ida Dr Legend Wetlands > 2 acres ,000 Feet MHG Properties

21 Lane, Roger From: Sent: To: Cc: Subject: Connors, Kevin Thursday, August 09, :27 AM Lane, Roger Balousek, Jeremy; Harder, Joshua RE: Request for comments on petition Hi Roger The Land and Water Resources Department (LWRD) does not believe the removal of this 0.02 acres of wetland from the wetland inventory maps will have any significant adverse impact on the wetland or surrounding area. In the context of the land s current altered state and agricultural use as well as the proposed residential use and associated alterations, any direct impacts of the culvert placement are insignificant. The LWRD is currently gathering information to determine if this work required a shoreland erosion control permit. If the work was subject to 11.05(3) a permit will be required after the fact. Let me know if you have any questions Thankyou kevin -----Original Message----- From: Lane, Roger Sent: Wednesday, August 01, :11 AM To: Connors, Kevin; Balousek, Jeremy Cc: Violante, Todd; Miles, Patrick; Matano, Alfred Subject: Request for comments on petition Gentlemen, Last night the ZLR Committee requested that the Land and Water Resource Division comment on a petition. The petition involves the removal of 0.02 of an acre of wetland from the wetland inventory maps. As a side note, the developer has already installed culverts in the area without approval from the County. The developer has received and after-the-fact permit from WDNR regarding the disturbance in the wetland area. See attached petition for MHG Properties, Section 33, Town of Windsor. The ZLR Committee would like LWR to comment on whether or not this disturbance will have and adverse impact on the wetland or on the surrounding area. The next ZLR Committee meeting is August 14th. I would appreciate comments by August 7th. Respectfully, Roger Lane Dane County Zoning Administrator << File: Stantec review pdf >> << File: Petition pdf >> 1

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49 Staff Report Public Hearing: July 31, 2012 Petition: Rezone Zoning Amendment: Town/sect: A-1EX Exclusive Agriculture to R- Mazomanie 2 Residence and A-4 Agriculture Section 35 Zoning and Land Regulation Committee Acres: 7.0 and Survey Req. Yes Reason: Creating one residential lot Applicant Goodwiler REV TR, Carl F Location: 9838 Dunlap Hollow Rd DESCRIPTION: The petitioner would like to create two parcels from the 238-acre farm. The A-4 parcel will be sold to an adjacent landowner for agricultural purposes. The RH-2 parcel will be sold as a residential lot. OBSERVATIONS: The majority of the A-4 parcel consists of Class II soils. The RH-2 consists entirely of steep slope topography with the majority having slopes exceeding 20%. There is a small area on the east side of the property with slopes that only exceed 12%. TOWN PLAN: The Town Plan designates this area a Hillside Area. The plan states, Slopes between 12% and 20% grade generally present challenges for building site development. Slopes that exceed a 20% grade are not recommended as development sites. Town Policy 8 (page 53): Discourage development on sites with slopes in excess of 12 percent. Slopes in excess of 20 percent shall not be disturbed for driveways. STAFF: The proposed RH-2 property appears to be in conflict with Town Plan Policies. The A-4 property meets the dimensional standards of the zoning district. TOWN ACTION: Approved with conditions. ZLR Action 7/31/12: Motion by Matano / Hendrick to postpone the petition to allow time for staff to work with the surveyor to find an area for development with slopes of 12% or less; motion carried, 4-0. YGP vote: 2-0.

50

51

52

53

54

55 Cooke Rd «78 Racek Rd Dunlap Hollow Rd Wilkinson Rd Legend Wetlands > 2 acres Significant Soils Class Class 1 Class 2 Steep Slopes Percent Slope 12 to less than and greater Feet Goodwiler Property

56 Cooke Rd Dunlap Hollow Rd Wilkinson Rd Legend Wetlands > 2 acres 100-year floodplain Floodway Areas in Zone AE Significant Soils Class Class 1 Class 2 Steep Slopes Percent Slope 12 to less than and greater Feet Goodwiler

57 Town of Mazomanie Dunlap Hollow Rd Legend Steep Slopes Percent Slope 12 to less than and greater Feet Goodwiler RH-2 lot

58

59 Staff Report Zoning and Land Regulation Committee Public Hearing: June 26, 2012 Petition: Rezone CUP 2203 Zoning Amendment: Town/sect: A-1EX Agriculture to A-2 Agriculture Cottage Grove Sections 28 & 33 Acres: 30 Survey Req. No Applicant Dale R Huston Reason: Allow a concrete batch plant Location: 3355 County Highway N DESCRIPTION: The petitioner would like to operate an concrete batch plant inside an existing quarry. A zoning change and conditional use permit is needed for the land use. OBSERVATIONS: The quarry has been in operation since It was intended to be used for the reconstruction of Highway 12/18. Later, the quarry obtained additional approvals, CUP #2136, to be a ongoing mineral extraction site. TOWN PLAN: The Town Plan designates this area as a Limited Commercial District. Light Industrial, fertilizer mixing/blending plants, and storage of contractors machinery and equipment are part of the acceptable uses in this district. See attached Table J-2. STAFF: See attached Planning Staff Report suggesting 19 conditions. TOWN ACTION: Zoning: Approved with no conditions. CUP: Approved with conditon. ZLR Action 6/26/12: Motion by Hendrick / Matano to postpone rezone petition #10434 and conditional use permit #2203 due to public opposition; motion carried, 4-0. The public was concerned with traffic, esthetics, and air pollution. Town Board Action July 16 th : The Town Board held a meeting to address the public s concerns with the proposed batch plant. Additional conditions were approved to limit the size of the plant, hours of operation, and traffic safety concerns. See revised suggested conditions.

60

61 TOWN BOARD ACTION REPORT CONDITIONAL USE PERMIT Regarding Petition # 2203 Dane County ZLR Committee Public Hearing Whereas, the Town Board of the Town of Cottage Grove having considered said conditional use permit application, be it therefore resolved that said conditional use permit is hereby (check one): APPROVED DENIED (IF DENIED, PLEASE COMPLETE FINDINGS SECTION ON PAGE 2) PLANNING COMMISSION VOTE: 6 In Favor 0 Opposed TOWN BOARD VOTE: 5 In Favor 0 Opposed Whereas, in support of its decision, the Town Board has made appropriate findings of fact that the standards listed in section (2)(h), Dane County Code of Ordinances, and section (3)(a), if applicable, are found to be (check one): SATISFIED NOT SATISFIED (PLEASE COMPLETE FINDINGS SECTION ON PAGE 2) THE CONDITIONAL USE PERMIT IS SUBJECT TO THE FOLLOWING CONDITION(S): (per Town Board on 6/13/2012) Only one concrete batch plant on the property at a time, CUP to expire in 5/11/2015 (same time as mineral extraction CUP 2136 for the same site). The must limit dust disperal outside of the parcel boundaries. (Per Town Board on 7/16/2012) 2 stop signs to be installed, one at the pit exit for trucks and one approximately at the site of the current yield sign for traffic traveling east on Natvig Road. Approval limited to a dry batch operation with a maximjm capacity of 150 cubic yards per hour. Hours of operation limite to 6 a.m. to 6 p.m., Monday through Friday, 8 a.m. to 3 p.m. on Saturday. Hours are gate open to gate closed. No maintenance or other operations to take palce outside of these hours. Trucks must take the shortest route from the pit entrance to County Highway N, using the improved portion of Natvig Road. The County Highway Department is asked to review the acceleration lane on County Highway N in light of the proposed plant, keeping in mind that current traffic levels on County N are reduced due to the construction detour in the Village of Cottage Grove. The North entrance to Natvig Road should also be reviewed. No high capacity well is to be installed at the site. Elevation of the plant tower not to exceed 955 feet. These are in addition to the proposed conditions in the County's Composite Report regarding the CUP application, as well as the conditons currently in effect for the same site under CUP 2136 for non-metallic mining. PLEASE NOTE: The following space, and additional pages as needed, are reserved for comment by the minority voter(s), OR, for the Town to explain its approval if the decision does not comply with the relevant provisions of the Town Plan. I,, Kim Banigan as Town Clerk of the Town of, Cottage Grove County of Dane, hereby certify that the above resolution was adopted in a lawful meeting of the Town Board on, July Town Clerk, July Date

62 FINDINGS OF FACT FOR DENIED CONDITIONAL USE PERMITS If the Conditional Use Permit application is denied, please complete the following section. For each of the standards, indicate if the standard was found to be satisfied or not satisfied. Please note the following from section (2)(b): No permit shall be granted when the zoning committee or applicable town board determines that the standards are not met, nor shall a permit be denied when the zoning committee and applicable town board determine that the standards are met. PLEASE INDICATE THE APPROPRIATE FINDING FOR EACH STANDARD (CHECK ONE / STANDARD) 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or welfare. 2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the conditional use. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 4. That adequate utilities, access roads, drainage and other necessary site improvements have been or are being made. 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. 6. That the conditional use shall conform to all applicable regulations of the district in which it is located. 1. SATISFIED / NOT SATISFIED 2. SATISFIED / NOT SATISFIED 3. SATISFIED / NOT SATISFIED 4. SATISFIED / NOT SATISFIED 5. SATISFIED / NOT SATISFIED 6. SATISFIED / NOT SATISFIED THIS SECTION IS RESERVED FOR FURTHER EXPLANATION OF THE FINDINGS:

63 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 #2203 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 #2203 for Ready Mix Concrete Batch Plant pursuant to Dane County Code of Ordinance Sections (3) and subject to any conditions contained herein. EFFECTIVE DATE OF PERMIT: PENDING THE CONDITIONAL USE SHALL BE LOCATED ON THE PROPERTY DESCRIBED AS FOLLOWS: ADDRESS: 3355 County Highway N, Town of Cottage Grove, Dane County, Wisconsin. BOUNDARY DESCRIPTION: A PART OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 28 AND PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 33, T7N, R11E, TOWN OF COTTAGE GROVE, DANE COUNTY, WISCONSIN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ¼ CORNER OF SAID SECTION 28; THENCE S87º48 15 W, FEET TO THE WEST RIGHT OF WAY LINE OF COUNTY TRUNK HIGHWAY N; THENCE N01º15 44 E, ± 225 FEET TO THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE N01º15 44 E, 225 FEET; THENCE S87º48 15 W, ±1115 FEET; THENCE S01º12 09 E, FEET; THENCE S83º56 37 E, FEET; THENCE N86º17 51 E, FEET; THENCE S88º45 13 E, FEET; THENCE N42º20 28 E, FEET; THENCE N02º53 49 W, FEET; THENCE N01º32 37 E, FEET; THENCE N16º18 41 W, FEET; THENCE N45º02 09 E, FEET; THENCE N00º04 19 E, FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS ± 30 ACRES. CONDITIONS: 1. This Conditional Use Permit shall expire on May 11, All conditions found under Conditional Use Permit #2136 shall be followed as part of this conditional use permit. 3. The operation is limited to one plant with an output of no greater than 150 cubic yards per hour. The height of the plant shall not exceed elevation 955 NAVD The applicant shall apply for and receive all other required local, state, and federal permits. 5. All drive aisles shall be either graveled or paved according to site plan and shall be G:\TEMP\CUP #2203 proposed (RG Huston).doc

64 maintained in a dust free manner in accordance with local, state, and federal regulations. 6. Hours of operations shall be from 6 a.m. to 6 p.m., Monday through Friday, and from 8 a.m. to 3 p.m. on Saturday. No concrete production or maintenance activities of any kind shall take place on the site beyond these described hours. No operations of any kind shall take place on Sundays or legal holidays. Hours may be extended temporarily if approved by the town board, with written notification being given to county zoning. 7. Trucks shall exit the site via a new graveled access driveway, to the existing mineral extraction asphalt driveway, to onto Natvig Road and may only take the shortest path (east/west direction) where they can then access CTH N. 8. Stop signs shall be installed along Natvig Road and the end of the batch plant access if determined necessary by the Highway Commissioner. 9. The safety fence and barriers shall be installed as shown on the attached plan. The site shall be signed no trespassing. When the concrete batch plant is not open, the concrete batch plant area access gate shall be access road onto CTH N shall have gates securely locked. 10. Bulk fuel may be stored on the site. 11. If the Highway Commissioner determines that improvements to the intersection of the access road and CTH N are necessary as a result of the concrete batch plant, the operator shall improve such intersection at its expense to the specifications of the Highway Commissioner. 12. The applicant shall meet DNR standards for particulate emissions as described in NR , Wisconsin Administrative Code. 13. The operator shall spray the site with water if and when needed to control dust. 14. The operator shall require all trucks, excavation, crushing, screening and washing equipment to have muffler systems, which meet or exceed then current industry standards for noise abatement. 15. The landowner is prohibited from installing a high capacity well on the site. 16. The zoning administrator or designee may enter the premises of the operation to inspect those premises and to ascertain compliance with these conditions or to investigate an alleged violation. If the operation is not in reasonable compliance with the terms of this approval, such approval is subject to revocation. 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. G:\TEMP\CUP #2203 proposed (RG Huston).doc

65 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. G:\TEMP\CUP #2203 proposed (RG Huston).doc

66

67 COMPOSITE REPORT #10434/CUP 2203 JUNE 26, 2012 ZLR COMMITTEE PUBLIC HEARING REZONE TO A-2 & CONDITIONAL USE (CUP) FOR OPERATION OF A CONCRETE BATCH PLANT WITHIN A MINERAL EXTRACTION OPERATION COTTAGE GROVE, SECTIONS 28 & 33 DANE COUNTY ZONING STAFF COMMENTS / BACKGROUND Owner(s) of record: Dale R. Huston Agent: R.G. Huston Company, Inc. Size, zoning, use of existing parcel: The parcel is approximately 45 acres in size, 15 acres of which is zoned C-2 and the remaining 30 acres is zoned A1-EX. The current CUP (#2136) for mineral extraction area covers the full 45 acres. The requested rezone and CUP apply to the 30 acres currently zoned A-1EX. Rezone/CUP desired: The CUP is for a operation of a portable concrete batch plant within the current mineral extraction operation. The batch plant use is not allowed as a conditional use in the C-2 district or in the A-1EX district. This is the reason for rezoning from A-1EX to A-2. The A-1EX zoning district allows a CUP for a batch plant limited to use for public roads and for a period of time limited to specific project duration. A-2 allows as a conditional use mineral extraction operations, asphalt plants, ready mix concrete plants [Section (3)(a)]. Because of the rezone to A-2, this petition should be for the batch plant and a mineral extraction operation so that the applicant can continue the mineral extraction operation currently allowed via CUP

68 TOWN ACTION REPORT As of June 15, 2012, the county has not yet received a Town Action Report. DANE COUNTY PLANNING STAFF COMMENTS Overview: This petition is for continuation of an existing mineral extraction operation with the addition of operation of a portable concrete batch plant. This request is for an area covering 30 acres for a period of 5 years. Surrounding Area Characteristics: The surrounding area is agricultural, with scattered residential land uses. It is located on NW quadrant of the intersection of Hwy 12 & CTH N. Town Plan: The subject property is located in the Limited Commercial land use district of the Town of Cottage Grove Comprehensive Plan. This proposal is consistent with the town plan. Compliance with County Ordinances: Mineral extraction operations must meet requirements found in Chapters 10, 14 and 74 of the Dane County Code of Ordinances. The applicant has submitted an erosion control plan/storm water management plan as required by Chapter 14 of the Dane County Code of Ordinances (DCCO) a reclamation plan as required by Chapter 74. The applicant has an approved erosion control and reclamation plan and permits associated with the current operation (CUP #2136). Chapter 10 provides six standards for granting a CUP in Section (2)(h) of the zoning ordinance are as follows: 1) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or welfare. 2) That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance or operation of the conditional use. 3) That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. 4) That adequate utilities, access roads, drainage and other necessary site improvements have been or are being made. 5) That adequate measures have been or will be being taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and 6) That the conditional use shall conform to all applicable regulations of the district in which it is located. RECOMMENDED CONDITIONS Appropriate conditions for this petition are those associated with CUP#2136 (for mineral extraction, permit effective on 5/11/2010), with additional conditions added by the town via the Town Action Report. Please see the following list of potential conditions for CUP #2203. POTENTIAL CONDITIONS OF APPROVAL FOR CUP 2203: 1. The applicant shall submit an erosion control plan covering the entire CUP area for the duration of operations, and receive approval of an erosion control permit prior to commencing extraction operations. 2. The applicant shall apply for and receive all other required local, state, and federal permits. 3. The operator shall develop and operate the site according to the submitted site and operations plan. 3

69 4. The conditional use permit shall expire five (5) from the date of issuance of the conditional use permit. 5. Reclamation shall be completed within one year after operations have ceased, and shall be phased according to the revised operations and reclamation plan. 6. Reclamation shall meet requirements of Chapter 74 of the Dane County Code of Ordinances. 7. Off-site removal of subsoil overburden shall not be allowed. 8. All drive aisles shall be either graveled or paved according to revised operations plans, and shall be maintained in a dust free manner in accordance with local, state, and federal regulations. 9. Hours of operations, except for crushing, screening, and washing shall be from 6 a.m. to 6 p.m., Monday through Friday, and from 8 a.m. to 3 p.m. on Saturday. Crushing, screening and washing shall not occur before 7 a.m. on Monday through Friday and 8 a.m. on Saturday. No operations of any kind shall take place on Sundays or legal holidays. Hours may be extended temporarily if approved by the town board, with written notification being given to county zoning. 10. Trucks shall exit the site onto Natvig Road where they can then access CTH N. 11. The safety fence shown on the revised plans shall be a minimum of 5 feet in height. During operations, the edge(s) of the extraction area shall be maintained at a slope no greater than 1:1. The site shall be signed no trespassing. When the extraction site is not open, the access road onto CTH N shall have gates securely locked. 12. There shall be no blasting or drilling on the site. 13. There shall be bulk fuel stored on the site. 14. No water shall be removed from the site in order to maintain groundwater discharge to adjacent areas. 15. 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. 16. The operator shall require all trucks, excavation, crushing, screening and washing equipment to have muffler systems which meet or exceed then current industry standards for noise abatement. 17. If the Highway Commissioner determines that improvements to the intersection of the access road and CTH N are necessary as a result of the mineral extraction operation, the operator shall improve such intersection at its expense to the specifications of the Highway Commissioner. 18. The applicant shall meet DNR standards for particulate emissions as described in NR , Wisconsin Administrative Code. 19. The zoning administrator or designee may enter the premises of the operation to inspect those premises and to ascertain compliance with these conditions or to investigate an alleged violation. If the operation is not in reasonable compliance with the terms of this approval, such approval is subject to amendment or revocation. (Questions? Contact Pam Andros ) 4

70

71 Staff Report Zoning and Land Regulation Committee Public Hearing: June 26, 2012 Zoning Amendment: Revocation of Conditional Use Permits due to Zoning Violations Acres: 5.4 acres Survey Req. No Reason: Violation of the conditions of a Conditional Use Permit Petition: Revocation of CUP #1353 and CUP #1450 Town/sect: Cross Plains Section 27 Applicant KJK Enterprises LLP Location: 3753 County Highway P DESCRIPTION: Zoning Staff is requesting that Conditional Use Permit #1353 and #1450 be revoked for the property owners failure to follow the conditions of approval of said Conditional Use Permits. The conditional use permits allow for a tavern, residences, and agricultural uses to be present on the property. Recently, an existing building, at the corner of CTH P and Mineral Point Road, was converted into a duplex which is contrary to current approvals for the property. CUP #1450: Condition #1 required the corner building to be used only for one apartment on the second floor. After a complaint was lodge by the Town, an inspection conducted on January 6, 2012 found an apartment on the first floor as well. CUP #1353/ Rezone 6670: Part of the approval were condition on no further expansion of the facilities were to occur unless proper sanitary approvals were obtained from Department of Health. In speaking with Environmental Health, no approvals were obtained for the change nor were there responses when inquires came from the Department of Health. OBSERVATIONS: One of the owners, Kitt Kelsheur, submitted an application to revise the conditional use permit on the property in February 2012 to allow for a duplex on the property. Unfortunately, there was no representation at the May 8 th ZLR public hearing nor has Mr. Kelsheur attended meetings for the Conditional Use Permit at the Town. At this point in time the violation remains and the Conditional Use Permit is postponed. The Health Department has concerns with the sanitary system that is serving the existing building in question. They have no plans regarding the system and feel that the system is sub-standard. STAFF: Zoning Staff is requesting that CUP #1353 and #1450 be revoked based on the following reasons: 1) The owner is violating conditions of approval of said permits and no cooperating with the corrective actions. 2) The concerns regarding the adequacy of the sanitary system serving the building may endanger the health of the public due to the premise being open to the general public (tavern parking lot). STAFF UPDATE: An inspection was conducted on August 7, 2012 and found that the residence and plumbing fixtures have been removed from the first floor of the building. The owner has been working with the Department of Health to resolve the sanitary issue. The old building will be hooked up to the septic system for the new tavern facility.

72

73

74

75

76

77

78

79

80

81

82

83

84

85

86