Dane County Planning & Development Land Division Review

Transcription

1 Dane County Planning & Development Land Division Review Date: July 17, 2012 To: Zoning & Land Regulation Committee From: Daniel Everson, Land Division Review Re: John Wilkinson Cropland (preliminary plat) Town of Black Earth, Section 28 & 29 (2 agricultural lots, 33.2 acres) Zoning Petition #10414, A-1EX to A-4 Review deadline September 24, 2012 The Dane County Board approved Zoning Petition #10414 on June 7, 2012 and the preliminary plat submittal is required due to the creation of five or more lots or parcels less than 35 acres and within a time frame of five years as per Ch (b). Staff recommends the following conditions that will be applicable in approving the preliminary plat. 1. 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. See letter dated June 29, 2012 by Curt Kodl, Senior Planner. 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. 210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI Phone: Fax:

2 Dane County Planning & Development Room 116, City-County Building, Madison, WI Phone (608) Fax (608) MEMORANDUM TO: ZLR COMMITTEE FROM: CURT KODL, SENIOR PLANNER SUBJECT: REVIEW OF WILKINSON PLAT DATE: 06/29/2012 As requested by the ZLR, staff provides analysis of subdivision plats comparing them against the local and county comprehensive plans. In this case, the analysis is of the consistency between the Wilkinson plat located in the Town of Black Earth and the goals, objectives and policies of the Dane County Comprehensive Plan. This rezone is a 2 lot plat (A 4) just off Wilkinson Road, Section 28 & 29. ANALYSIS Below is a synopsis of the plat s conformance to various provisions of the Town of Black Earth, and Dane County comprehensive plans: TOWN OF BLACK EARTH PLAN The current Town Adopted Town of Black Earth Comprehensive Plan has this area designated as agricultural use. Current plat proposal is entirely agricultural. Dane County Comprehensive Plan Land Use Property is planned for Agricultural Preservation in the Dane County Comprehensive Plan, subject to the following policies: Agricultural Preservation Areas Within designated Agricultural Preservation Areas, as identified in the Dane County Farmland Preservation Plan and in town plans adopted by the county board (See Chapter 8: Intergovernmental Coordination): (1) Continue to maintain and support production agriculture, agricultural related businesses, forestry, open space, and compatible uses; (2) Limit residential densities according to policies established in town plans adopted by the county board; (3) Maintain eligibility for farmland preservation tax credits under Chapter 91, Wisconsin Statutes, and; (4) Continue to refer to town plans adopted by the county board for detailed land use policies within Agricultural Preservation Areas. Intergovernmental Cooperation A major focus of the Dane County Comprehensive Plan was intergovernmental cooperation and cooperative planning efforts. The Town of Black Earth has agreements with respect to school Districts and EMS Districts but no boundary agreements.

3 Water Quality Should be no increased impact, the lots are currently cropped and will continue to be cropped. Natural Resources No development, does not apply. Conclusion The proposal fits the surrounding neighborhood (agricultural) and the designated future agricultural land use. There are no conflicts with the Dane County Comprehensive Plan. If you have any questions, please do not hesitate to contact me by phone at (608) , or by at

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7 Dane County Planning & Development Land Division Review Date: July 17, 2012 To: Zoning & Land Regulation Committee From: Daniel Everson, Land Division Review Re: Revere Trails (preliminary plat) Town of Windsor, Section 33 & 34 (52 residential lots and 7 outlots, 73 acres) Review deadline August 19, 2012 Staff recommends the following conditions that will be applicable in approving the preliminary plat. Zoning 1. 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. Dane County Comprehensive Plan 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 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. Dedication of Lands for public recreation within residential plats 4. The public park land 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. 210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI Phone: Fax:

8 Land Suitability 6. Lots 24 thru 36 fall within the shoreland zone. (Lands, which are within 300 from the OHWM of the unnamed perennial stream. Shoreland erosion control permits will be required from Land Conservation. 7. 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. 8. 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. Design Standards 9. Staff discussed making all lots conform to the Shoreland requirement of 100-foot frontage without the need of special setbacks. Lot 31 just falls below a 100 of lot width at the building setback. 10. Staff expressed concerns regarding the size of the lots at a meeting with the developer on April 16, The developer's agent had expressed the willingness to increase the size to approximately 30,000 square feet. Lots 1, 2, 6 to 10, 20 to 23, 26, 29, 33 to 36, 42 to 46, 48, 49, 51 and 52 are less than that number. 11. Outlot 6 does not meet the lot area requirements with respect to the shoreland-zoning district. Unsewered lots shall be not 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 or redesign the outlot. 12. Rezone petition #10449 to rezone 0.02 acres of wetlands to non-wetland district shall be approved. Previous rezone petition #10315 was denied by the County Board on September 1, A strip of wetlands less than 5 acres was previously delineated shown intersecting through the proposed Revere Pass highway right-of-way. Since then, 2-concrete culvert pipes were installed for the purpose of an agricultural crossing. This area would have to be rezoned out of the shoreland- wetland district and permits from DNR and Army Corps of Engineers. 13. Lots 1, 2 and 3 will have a reduced building envelope due to the setbacks from the wetland and the public highway right-of-way. Staff recommends showing a building envelope on the plat. 210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI Phone: Fax:

9 14. Lots 25, 26 and 27 will have a reduced building envelope due to the setbacks from the OHWM of the perennial stream and the public highway right-of-way. Staff recommends showing a building envelope on the plat. 15. Outlot 4 does not meet the public road frontage requirements with respect to Ch (6)(b) and does not meet the lot area requirements with respect to the shoreland-zoning district. OL 4 is to be conveyed to the Town of Windsor prior to final plat approval/recording. 16. It was the general consensus in the April 16th meeting that the east-west stormwater corridor located in the center of the subdivision should be an outlot rather than shown as an easement. 17. 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. 18. 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). 19. 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. 20. Utility easements are to be provided. 21. Village of DeForest corporate boundary lines are to be shown on the plat. Required Improvements 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 Plans is to be established. 24. Compliance with Ch DCCO, Stormwater Control Permits 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. 210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI Phone: Fax:

10 Additional conditions 27. Town of Windsor approval is to be obtained. 28. Village of DeForest approval is to be obtained (extraterritorial jurisdiction). 29. State Highway 19 access approval shall be obtained and any comments or conditions from WisDOT are to be fulfilled. 210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI Phone: Fax:

11 MEMORANDUM TO: FROM: Room 116, City-County Building, Madison, Wisconsin Fax (608) Zoning & Land Regulations (ZLR) Committee Pamela Andros, AICP, Senior Planner Housing & Economic Development (608) , Rm. 362 Planning (608) , Rm. 116 Records & Support (608) , Rm. 116 SUBJECT: Analysis of Revere Trails Preliminary Plat as it relates to Chapter 82 Subchapter II Dane County Comprehensive Planning, Town of Windsor, S33&34 Zoning (608) , Rm. 116 DATE: 06/7/2012 CC: Dan Everson, AZA & Plat Review Officer Roger Lane, Zoning Administrator Todd Violante, Director of Planning & Development Pam Dunphy, Public Works, Highways & Transportation Tina Butteris, Town of Windsor Clerk/Treasurer MHG Properties, LLC, Applicant As requested by the ZLR, staff provides analysis of subdivision plats comparing them against the local and county comprehensive plans. In this case, the analysis is of the consistency between the Revere Trails plat located in the Town of Windsor and the goals, objectives and policies of the Dane County Comprehensive Plan. The Dane County Comprehensive Plan describes broad policy directions for new development, but refers to component town and municipal plans for detailed land use, subdivision and public infrastructure recommendations relevant at the subdivision plat scale. This memo provides an update to the one provided last June. At that time the Revere Trails plat was a 62 (previously 83) residential lot subdivision with lots ranging from 20,000 to 30,000 square feet in size. Now the number of residential lots has been reduced to 54, and the range of lot sizes is now 25,000 to 40,000 square feet. During most recent meeting between the applicant, town and county staff, the county requested a minimum lot size of 30,000 square feet. The county-adopted Town of Windsor Comprehensive Plan: 2025 identifies the subject property in the Transition Residential land use district. The plan describes that future uses for this district include traditional single-family, detached neighborhoods including parks, schools and churches and on a limited basis, small-scale multi-family residential. The minimum lot size for this district is 12,000 square feet unless standards for Planned Residential Development (as outlined in the town subdivision code) are followed. It is also identified as being in Area 4 which is specified as Revere Trails. As part of the cooperative planning process with the Village of DeForest, the village agreed to amend their Future Land Use and Phasing Plans to coincide Dane County P&D, Revere Trails plat Page 1

12 with Town plans. The subject property is also shown, with general plat layout, in the Mixed Residential zoning district on the Sun Prairie-Windsor Joint Extraterritorial Zoning Map. The proposal is generally consistent with the component municipal plans, which both show the subject property in residential land use districts, but it should be noted that land suitability comes into play in all plans as they also contain natural resource protection elements. In addition to the analysis of component plans, other notable elements of the Dane County Comprehensive Plan include the Agricultural, Natural and Cultural Resources element (Chapter 5); the Land Use element (Chapter 8); and the Intergovernmental Cooperation element (Chapter 7). Under Water Resources, the comprehensive plan makes it clear that the county must continue to abide by the Dane County Water Quality Plan. The subject property is in close proximity to a wetland area associated with Pederson Spring that feeds into Token Creek. This tributary has been identified by the DNR as a spawning ground for brown trout. Protection of this resource is critical to achieve the wildlife resource goals of the Dane County Comprehensive plan. The applicant has removed all residential lots south of the strip of wetlands where hydric soils and wetlands are located. This is an improvement for addressing the above concerns. Another issue from previous submittals relates to nitrate levels. At that time, the applicant was asked to adequately demonstrate that proposed densities will not create nitrate groundwater pollution problems. Such information should show a comparison of nitrates associated with the current use to that of the proposed residential use. A key to this will be sanitary facilities and whether or not they will be adequate for the proposed configuration of lots. This concern goes back to the original proposal of over 80 lots, including lots located on land south of the strip of wetlands where hydric soils and wetlands are located. Removing those lots as well as decreasing the overall number of lots, thus decreasing overall density, alleviates concerns about nitrates to some degree. Regarding septic systems, the Public Health department states that the distribution component must be 50 from the ordinary high water mark. Everything else (tanks and pipes) can come within 10. The Dane County Comprehensive Plan uses Urban Service Areas (USA) as identified Smart Growth Areas. It should be noted that there is a recent Urban Service Area extension [Bear Tree] approved by DNR on 4/1/2011, located directly west of this property in the Village of DeForest. In order to meet intergovernmental cooperation goals, issues related to this proposal must be worked out between the town of Windsor and the Village of DeForest. Given the various joint planning efforts and agreements, it appears that intergovernmental issues are being addressed. I hope this information is helpful, and would be happy to answer any questions you may have. Please feel free to contact me at andros@countyofdane.com or if I can be of any further assistance. Dane County P&D, Revere Trails plat Page 2 of 2

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16 DEFOREST AREA SCHOOL DISTRICT Revere Trails Town of Windsor, Section 33&34 Hydric Soils PC FARM HOLDINGS II LLC WINDSOR, TOWN OF STEVEN D PEDERSON LUKE A TITEL & ROBYN L TITEL st PEARL E KVALHEIM STEVEN D PEDERSON WINDSOR, TOWN OF DANE COUNTY WINDSOR, TOWN OF WILLIAM GRAFF Legend Hydric Inclusions All Hydric Æ 19 $

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26 Town of Vermont Bergum Rd Destroyed Dwelling Town of Blue Mounds Feet Legend Wetlands > 2 acres 100-year floodplain Slopes > 12% Significant Soils Class Class 1 Petition Larson/Dillis Class 2

27 Dane County Zoning Division Recent Zoning Violations Vobren Trust (John Brereton); 7885 Brereton Road; Roxbury/Dane; junk/salvage yard; pending. Laura Wierzbicki (Greg Griswald); 3488 CTH J; Cross Plains; illegal use/junk; pending. KJK Enterprises LLP; 3738 County Highway P; Cross Plains; illegal use of existing building; pending. Allen Griffiths; 6127 Old Settlers Rd.; Berry; junk; pending. Michael Laufenberg; 3137 State Highway 78; Black Earth; junk; pending. Richard Bertrang Sr., (James); 9967 County Highway Y; storage of junk in front yard/outdoor sales; Mazomanie; pending. Guevara; 955 Burr Oak Ln; Madison; Keeping of livestock in R-3 district; Resolved; owner no longer keeps livestock Kippley; 3503 Whytecliff Way; Burke; Building a deck without a permit; Resolved, owner obtained permit Jones; 5935 Lien Rd; Burke; Illegal storage of junk vehicles; Resolved; owner removed unlicensed/inoperable vehicles Heil; 316 Powers Ave; Blooming Grove; Illegal Kennel Operation; Resolved; kennel no longer being run out of single family residence Brown; 5644 Lovick Rd; Vienna; Illegal auto repair in Ag district; Pending; Owner plans to submit a rezone application Zitlow; 4820 Windsor Prairie Rd; Vienna; Illegal storage of junk vehicles; Resolved; vehicles are now licensed Olejnik; 5420 Broken Bow Rd; Burke; Building without permit; Resolved; owner obtained permit Gehrke; 3449 CTH BB; Blooming Grove; Illegal storage of Junk; No violation found Leggett; 602 Powers Ave; Blooming Grove; Illegal outside storage; Resolved; on going yard sale ended and materials were moved in an enclosed building Wagner; 7166 CTH K; Springfield; Illegal storage of trash; Resolved; owner was informed of county ordinance and refuse was removed from the property McKenzie; 5372 Norse Ct; Burke; Illegal use of property; No violation found Nooyen;7622 USH 51; Windsor; Property not in compliance with town agreement Pending; Town will take action to rezone property Ray A. Peterson, 1128 Berlin Road, Medina, Outdoor storage of junk and junk items in C-1, Commercial District, referred to Corporation Counsel, 2/27/12, for injunctive relief. Violations found with inspection on 6/29/12. Andrew Johnson, 2272 US Highway 12 & 18, Cottage Grove, Commercial use in Rural Homes District and outdoor storage of junk and unlicensed vehicles, written complaint received 7/2/12 and 1/20/12. Gene Arndt, 1801 County Highway BB, Cottage Grove, Sales of new and used motor vehicles in A-1 Exclusive Agriculture District, major and minor repairs to motor vehicles, compliance deadline 7/15/12. Melvin Gratz, Jr., 6723 Prairie View Drive, Bristol, Outdoor storage of junk and junk items, compliance deadline, 7/25/12.

28 Kyle Vyse, 7613 County Highway N, Bristol, Major and minor repairs to motor vehicles in B-1, Business, compliance deadline 7/25/12. Jeffrey Kappel, 4685 Kennedy Road, Cottage Grove, Additions to existing storage shed without zoning permits, compliance deadline 7/25/12. Allen Seltzner, 7365 County Highway N, Bristol, Outdoor storage of junk and junk items in C-2 Commercial and A-B Agribusiness Districts, anonymous phone call to Town Clerk, awaiting written complaint, 6/6/12. Todd Flinkler, 1897 County Highway V, Bristol, Outdoor storage of junk and junk items, compliance deadline 7/16/12. Karen Weishan, 1525 Traut Road, Medina, 12 horses and boarding stable on RH-1, Rural Homes District, compliance deadline 7/16/12. Arlin Maag, 2095 County Highway BB, Cottage Grove, Addition to residence no zoning permit, compliance deadline 7/4/12. Rick Farnsworth, 3007 Midnight Sun Drive, Bristol, Location survey not submitted for new, single-family residence, compliance deadline, 7/2/12. Daniel Goff, 3023 County Highway BB, Cottage Grove, Residential use in C-2, Commercial District, awaiting Village of Cottage Grove Police report, compliance deadline 7/3/12. Charles Bronkhorst, 398 Sun Prairie Road, York, Limited family business in Rural Homes District, petition #10448, awaiting public hearing, 7/31/12. Ronald Reichers, 7033 Elder Lane, Bristol, Deed restriction violation, rock band practice in storage shed, reported by Dane County Sheriff, 2/5/12, band moved out 5/8/12. Jerry Ewers, 2883 Siggelkow Road, Cottage Grove, Lighting and trespass complaints, 1/19/12. Nathaniel Snyder, 2944 Hope Road, Cottage Grove, Structural alteration without zoning permit, filling and grading without shoreland erosion control permit, 5/21/12. Steven Pfeffer, 4545 Baxter Road, Cottage Grove, Rooster crowing in R-1, Residence District, closed 6/14/12. Eric Thomsen, 2226 Appaloosa Lane, Cottage Grove, Outdoor storage of junk items, awaiting written complaint, 7/5/12. Darrin Bachim, 5326 Betlach Road, Sun Prairie, Outdoor storage of junk items, items removed 3/26/12. Hackl Fields LLC, 2833 Larue Fields Lane, Sun Prairie, Lighting trespass, closed 3/5/12. Scott Freitag, 2989 Burke Road, Sun Prairie, Construction greater than 10% lot coverage, variance appeal granted 4/26/12, await zoning permit, deadline, 4/26/13. Craig Ball, 2362 Uphoff Road, Cottage Grove, Residential use in storage shed, closed 1/27/12. Anderson, 365 County Highway N, Dunkirk, junk in yard, pending. Buss, 1912 Barber Drive, Dunn, prohibited use of a boathouse, pending. Dintelman, 2417 County Highway AB, Dunn, Housing of chickens in a R-3 district, pending. Ewers, 4023 Tower Drive, Dunn, Junk, pending. Haugen, 3363 Petersen Road, Dunn, Storage of an RV in a cul-de-sac, pending.

29 Hutchins, 3993 Schneider Drive, Dunn, temporary sign, pending. Bert Davis, 2671 Circle Drive, Pleasant Springs, illegal use, pending. Warren, 2008 Spring Road, Pleasant Springs, Junk, pending. Boe, 2043 Skyline Drive, Pleasant Springs, illegal use of boathouse, pending. Andrew Graves; County Highway ID; Blue Mounds; New construction without prior approval; Pending (Referred to Corp. Counsel) Ryan Oelhof; 365 Tyvand Road; Perry; Illegal use of property, Motocross track built; Pending (Appeal denied by BOA) Maple Leaf Landscaping; 2416 Spring Rose Road; Verona; Illegal use of property. Landscaping business; Corrected (Citation was issued) equipment and vehicles was being parked on adjacent land that was zoned agricultural. Gail and Lawrence Rose; County Highway D; Oregon; Outdoor storage of inoperable vehicles; Corrected