MINUTES OF THE MEETING OF THE DANE COUNTY ZONING AND NATURAL RESOURCES COMMITTEE. HELD ON January

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1 Minutes ZNR Committee Page 1 MINUTES OF THE MEETING OF THE DANE COUNTY ZONING AND NATURAL RESOURCES COMMITTEE HELD ON January PRESENT: ALSO: Anderson, Cornwell, Hamre, Johnson, Salkin, Hitzemann, Olsen Scribner, Gregorius, Sieling, Standing I II. CALL TO ORDER The meeting was called to order by Chairperson Johnson at 7:30 PM in room 2F City-County Building. PUBLIC COMMENT: None III. PUBLIC HEARING FOR REZONE AND CONDITIONAL USE PERMIT APPLICATIONS AND ORDINANCE AMENDMENTS: 1. PETITION # 8325 BY JAMES BREUNIG ET AL. to change the zoning from R-3 Residential and A-3 Agricultural to A-3 Agricultural and R-3 Residential on property located at 7200, 7202, and 7208 Inama Road and 8894 County Highway Y in part of the SE 1/4 SW 1/4 Section 16, Town of Roxbury IN FAVOR: James Breunig Motion by Hitzemann/Anderson to approve; carried 5-2. Olsen and Cornwell voting no. **See committee s action later in the meeting to postpone to a future meeting (page 9)** 2. PETITION # 8326 BY JOEL BECKWITH to change the zoning from A-1 Agricultural and R-3A Residential to R-3A Residential on property located at 8163 Windy Oak Lane in part of the NW 1/4 NW 1/4 Section 24, Town of Springdale IN FAVOR: Joe Beckwith Motion by Anderson/Cornwell to postpone to a future meeting; carried PETITION # 8327 BY JANET MILLER to change the zoning from LC-1 Limited Commercial to C-2 Commercial on property located at 6859 US Highway 51 in part of the NE 1/4 NE 1/4 Section 29, Town of Windsor. IN FAVOR: Dale Garcznski STAFF: DC HWY, P&D,EH, LCC Motion by Anderson/Cornwell to postpone to a future meeting; carried PETITION # 8328 BY JAMES WATTS to change the zoning from A-1 Agricultural and RE-1 Recreational to RE-1 Recreational and A-1 Agricultural on property located at 7560 Tumbledown Trail in part of the NW 1/4 and the NE 1/4 SW 1/4 Section 29, Town of Middleton IN FAVOR: Greg Held STAFF: DC HWY, P&D, LCC,

2 Minutes ZNR Committee Page 2 TOWN: Town approved no conditions. Motion by Salkin/Hitzemann to approve; carried 5-2. Olsen and Cornwell voting no. 5. PETITION # 8329 BY ROBERT BRUNNER to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located Southeast of 9085 West Mineral Point Road in part of the SE 1/4 NE 1/4 Section 29, Town of Cross Plains IN FAVOR: Robert Brunner STAFF: DC HWY, P&D Motion by Anderson/Hitzemann to approve; carried 6-1. Cornwell voting no. 6. PETITION # 8330 BY ROBERT BURULL to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes on property located West of 1602 Drotning Road in part of the SE 1/4 SE 1/4 Section 12, Town of Pleasant Springs IN FAVOR: Robert Burull Motion by Anderson/Cornwell to postpone to a future meeting; carried PETITION # 8331 BY RICHARD MAIER AND GERALD MAIER to change the zoning from A-1 EX Exclusive Agricultural to R-1A Residential on property located Southeast of 6214 Cuba Valley Road in part of the NW 1/4 NE 1/4 Section 31, Town of Vienna IN FAVOR: Richard Maier STAFF: DC HWY, EH TOWN: Town approved no conditions Motion by Hamre/Cornwell to approve; carried PETITION # 8332 AND CONDITIONAL USE PERMIT # 1751 BY TOWN OF COTTAGE GROVE FOR SALEM CHURCH CEMETERY AND ARTHUR VOIT ET AL. to change the zoning from A-1 EX Exclusive Agricultural and RH-4 Rural Homes to RH-4 Rural Homes and R-1 Residential and also allow cemetery platting on property located East of 2917 County Highway BB in part of the SE 1/4 NE 1/4 Section 7, Town of Cottage Grove IN FAVOR: None Motion by Anderson/Cornwell to postpone to a future meeting; carried PETITION # 8333 AND CONDITIONAL USE PERMIT # 1752 BY TOWN OF COTTAGE GROVE FOR DOOR CREEK CEMETERY to change the zoning from A-1 EX Exclusive Agricultural and A-2(1) Agricultural and also allow cemetery platting on property located East of 3284 Spencer Road in part of the NE 1/4 SE 1/4 Section 33, Town of Cottage Grove. IN FAVOR: None OPPOSED: Gene Skaar (letter in opposition) STAFF: DC HWY, P&D,EH, LCC, DCRA Motion by Cornwell/Olsen to postpone to a future meeting; carried 7-0

3 Minutes ZNR Committee Page PETITION # 8334 BY BRUCE AND KIM SIME to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located Northwest of 970 Starr School Road in part of the SE 1/4 NW 1/4 and SW 1/4 NE 1/4 Section 13, Town of Rutland. IN FAVOR: Bruce Sime Motion by Cornwell/Hitzemann to approve; carried PETITION # 8335 BY JACK FASSBENDER to change the zoning from A-1 EX Exclusive Agricultural to R-1 Residential on property located at 5978 Cuba Valley Road in part of the SE 1/4 SW 1/4 Section 29, Town of Vienna IN FAVOR: None STAFF: DC HWY, P&D,EH Motion by Hamre/Anderson to approve; carried PETITION # 8336 BY SUZANNE KAHL to change the zoning from A-1 EX Agriculture to RH-2 Rural Homes on property located at 8385 County Highway A in part of the N 1/2 NW 1/4 Section 23, Town of Primrose. IN FAVOR: Gary Kahl,EH Motion by Hitzemann/Cornwell to approve; carried PETITION # 8337 BY ROGER AND MARIE YELK to change the zoning from A-2 Agricultural, A-2(2) Agricultural and A-1 EX Agricultural to R-1A Residential and A-2(1) Agricultural on property located at 1986 County Highway T in part of the SE 1/4 SW 1/4 Section 14, Town of Sun Prairie IN FAVOR: Roger Yelk STAFF: DC HWY, P&D,EH Motion by Anderson/Salkin to approve with an amended petition from R-1A to RH-1 and A-2(1) remaining unchanged; carried 7-0. Motion by Anderson/Salkin to approve as amended; carried 7-0. The committee requested that the plat review officer review the available net acreage and compatibility of the amended petition. 14. PETITION # 8338 BY ANDREW ANDERSON to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located Southeast of 3757 Ryan Road in part of the NW 1/4 NE 1/4 Section 30, Town of Vermont IN FAVOR: Andrew Anderson Motion by Cornwell/Olsen to postpone to a future meeting; carried PETITION # 8339 BY DAVE AND MARY PADDOCK to change the zoning from A-1 EX Exclusive Agricultural to RH-3 Rural Homes on property located South of 5402 Scherbel Road in part of the S 1/2 SW 1/4 Section 21, Town of Berry IN FAVOR: Mike Alwyn

4 Minutes ZNR Committee Page 4 STAFF: TOWN: DC HWY, P&D Town approved no conditions. Motion by Hitzemann/Salkin to approve; carried CONDITIONAL USE PERMIT # 1753 BY CYNTHIA STAPHER DALZELL to allow sale of agricultural and dairy products not produced on the premises on property located at 8079 Maurer Road in part of the SE 1/4 NW 1/4 Section 36, Town of Cross Plains. IN FAVOR: David Wildes Motion by Olsen/Anderson to find that the standards of the zoning ordinance are met; 1) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general 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 impeded 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, and 6) That the conditional use shall conform to all applicable regulations of the district in which it is located; carried 6-1. Cornwell voting no. 17. PETITION # 8340 BY A. RITA CONKLIN to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes on property located at 825 Clarkson Road in part of the NE 1/4 NE 1/4 Section 4, Town of Medina IN FAVOR: Kathy Conklin,EH TOWN: Town approved conditions. Motion by Salkin/Cornwell to approve contingent upon a filed deed restriction of the town of Medina s notification of covenants and restrictions restricting further development on parcels # , and , a shared well agreement is in place; carried 7-0. Motion by Salkin/Cornwell to approve as amended; carried PETITION #8341 BY JEAN DITSCH to change the zoning from RH-3 Rural Homes to LC-1 Limited Commercial on property located across from 3983 County Highway F in part of the NW 1/4 NE 1/4 Section 20, Town of Vermont. IN FAVOR: Jean Ditsch, Andy Olsen STAFF: DC HWY, P&D Motion by Cornwell/Olsen to postpone to a future meeting; carried PETITION #8342 BY RICHARD VEDVIG to change the zoning from A-1 EX Exclusive to RH-1 Rural Homes on property located North of 2015 Washington Road in part of the SE 1/4 NE 1/4 Section 25, Town of Pleasant Springs.. IN FAVOR: Richard Vedvig STAFF: DC HWY, P&D Motion by Olsen/Cornwell to postpone to a future meeting; carried 7-0

5 Minutes ZNR Committee Page PETITION #8343 BY HENRY J. NIGLIS ESTATE TRUST to remove the Deed Restrictions of previous Petition #6416 in the RH-1 Rural Homes district and also to change the zoning from A-2 Agricultural to RH-1 on property located West of 6810 Cross Country Road in the SW 1/4 SW 1/4 Section 11, Town of Verona IN FAVOR: Craig Thompson STAFF: DC HWY, P&D TOWN: Town approved conditions. Motion by Cornwell/Salkin to postpone to a future meeting and to have staff get additional information on the Ice Age Trail; carried CONDITIONAL USE PERMIT # 1754 BY WINGRA STONE COMPANY to allow ready-mix concrete plant on property located West of 8359 Stagecoach Road in part of the N 1/2 SW 1/4 Section 11, Town of Cross Plains IN FAVOR: Bob Shea, Debbie Hatfield, Rick Nesbitt, Rod Gahlieger, Harold Krantz OPPOSED: Tom Wolf, Patricia McKinney Lins, numerous letters in opposition STAFF: DC HWY, P&D, LCC Motion by Salkin/Cornwell to postpone to a future meeting; carried PETITION # 8344 AND CONDITIONAL USE PERMIT # 1755 BY GARY AND ELAINE MEISTER to change the zoning from A-1 EX Exclusive Agricultural to A-2(2) Agricultural and also allow communications tower on property located North of 5402 Paddock Road in part of the NW 1/4 SW 1/4 Section 21, Town of Berry IN FAVOR: Steve Rick,DCRA Motion by Cornwell/Salkin to postpone to a future meeting; carried PETITION # 8345 BY NORBERT BARBIAN to change the zoning from A-1 EX Exclusive Agricultural to RH- 2 Rural Homes and RH-3 Rural Homes on property located at 8036 Lueth Road in part of the SE 1/4 Section 13, Town of Roxbury. IN FAVOR: STAFF: DC HWY, P&D,EH Motion by Cornwell/Johnson to postpone to a future meeting; carried PETITION # 8346 BY COREY SCHWAKE AND ANGELA JONES to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes on property located at 9007 Colby Road in part of the NE 1/4 NE 1/4 Section 5, Town of Primrose IN FAVOR: Corey Schwake Motion by Hitzemann/Olsen to approve; carried PETITION # 8347 BY RICHARD AND MARGARET HUTTER to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes on property located South of 7440 Lodi-Springfield Road in part of the W 1/2 NW 1/4 Section 16, Town of Dane IN FAVOR: None, DCH

6 Minutes ZNR Committee Page 6 Mr. Gregorius stated that a letter of withdrawl had been received by the office but the language needs clarification before its withdrawn. Motion by Cornwell/Hamre to postpone to a future meeting; carried PETITION # 8348 BY DEAN AND CAROL SCHNEIDER to change the zoning from A-1 EX Exclusive Agricultural to A-B Agricultural Business on property located at 4383 County Highway O in part of the SE 1/4 NE 1/4 Section 12, Town of Deerfield IN FAVOR: Scott Schneider Motion by Salkin/Hitzemann to approve; carried PETITION # 8349 BY TOWN OF BRISTOL to change the zoning from C-1 Commercial to C-2 Commercial on property located at 7033 Elder Lane in part of the S 1/2 NW 1/4 Section 23, Town of Bristol IN FAVOR: Jerry Derr TOWN: Town approved conditions. Motion by Salkin/Johnson to impose a deed restriction specifying that there be no C-1 uses allowed and only to include (f) (q) (s) in the C-2 district; no other C-2 uses are to be permitted; carried 7-0. Motion by Salkin/Johnson to approve as amended; carried ORDINANCE AMENDMENT #20, , amending Chapter 10 of the Dane County Code of Ordinances, relating to location of temporary structures. IN FAVOR: Motion by Hitzemann/Cornwell to postpone to a future meeting; carried ORDINANCE AMENDMENT #24, , amending Chapter 11 of the Dane County Code of Ordinances, providing for minor structures in the shoreland setback area. IN FAVOR: Motion by Cornwell/Hitzemann to postpone to a future meeting; carried 7-0 IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS. a. # 8307, Kleven, Town of Deerfield, 12/18/01 Motion by Anderson/Salkin to condition approval upon providing notice that parcels , and contain no further land division for residential development under current town/county land use policies and to condition approval upon providing notice that parcels , , (Leetz); and (Halverson) contain a total of only one land division for residential development under current Town/County land use policies; carried 7-0. Motion by Anderson/Salkin to approve as amended; carried 7-0. b. CUP # 1678 (Petition 8066) Powers, Town of Black Earth, 1/23/01 Motion by Salkin/Anderson to approve with the following conditions:

7 Minutes ZNR Committee Page 7 1. The primary use of the communication tower permitted under Conditional Use Permit No shall be for the mounting of equipment for Personal Communication Services (PCS) transmissions/receptions and Cellular Telephone equipment. 2. The communication tower placed, constructed or modified under Conditional Use Permit No shall accommodate, at a minimum height of 150 feet above grade, the collocation of at least two additional antenna arrays similar in size and function to that placed on the tower by the holder of said permit. The maximum height of the tower shall not exceed 180 feet (not including the lightning rod), above ground level (AGL). 3. The minimum of two collocation sites required hereunder need not be available on the tower as initially placed, constructed, or modified, provided that the tower will support at the specified minimum height the later addition of the required number of collocation sites. 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 and any user collocating on the tower permitted thereunder are each 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.1678, 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 site plan and tower design specifications included in the resubmitted petition application are fully incorporated herein and continued effectiveness of Conditional Use Permit No is expressly conditioned upon compliance with the site plan and tower design specifications as approved by the Zoning and Natural Resources Committee. 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. 1678, 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

8 Minutes ZNR Committee Page 8 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 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. Prior to the issuance of a zoning permit for the construction of the tower, the applicant shall provide proof of compliance with all relevant FAA (i.e. FAA Determination of No Hazard to Air Navigation) and WisDOT Bureau of Aeronautics regulations. 13. The entire area surrounding any and all associated structures to be located at the base of and associated with the tower shall be landscaped with rapidly growing evergreens (at least five feet in height at the time of planting) and maintained in a living manner so as to thoroughly buffer and conceal the structures and fencing from view from all sides. 14. The site should be constructed to support at least three (3) additional cellular/pcs providers at elevations ranging from 100 feet to 170 feet, as shown in the applicant s design elevation drawings. Section of the D.C. Ords. allows collocation of additional arrays beyond these three without having to get a new CUP providing that the collocation is for arrays of a similar size and function and does not alter the structural integrity of the existing structure. 15. Failure to comply with any of the aforesaid conditions shall be grounds for the committee to immediately revoke Conditional Use Permit No and to find that the standards of the zoning ordinance are met; 1) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general 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 impeded 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

9 Minutes ZNR Committee Page 9 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; carried 7-0. c. 8315, Crawford, Town of Pleasant Springs, 12/18/01 Motion by Salkin/Anderson to approve; carried 5-2. Cornwell and Olsen voting no. V. PLATS: A. PRELIMINARY PLATS: None B. FINAL PLATS: a. TROY COURT, City of Madison. Motion by Hitzemann/Anderson to certify as non-objectionable with respect to ss (2)(b), Wisconsin Statutes; carried 7-0. b. HAWKS WOODS, City of Madison. Motion by Cornwell/Johnson to certify as non-objectionable with respect to ss (2)(b), Wisconsin Statutes; carried 4-1. Hitzemann voting no. Hamre and Salkin absent. C. CERTIIFIED SURVEY MAPS: None Motion by Anderson/Hitzemann to rescind the committee s previous action on petition # 8325; carried 7-0. Motion by Anderson/Hitzemann to postpone to a future meeting; carried 7-0. VI. RESOLUTIONS: a. Resolution 234, , authorizing agreement with the Dane County Planning Commission for 2002 planning services. Motion by Anderson/Cornwell to approve Resolution 234, , authorizing agreement with the Dane County Planning Commission for 2002 planning services; carried 5-0. Hitzemann and Hamre absent. b. Resolution 235, , extending delayed effective date for zoning ordinance amendment # Motion by Anderson/Salkin to approve Resolution 235, , extending delayed effective date for zoning ordinance amendment # 8269; carried 6-0. Hamre absent. c. Resolution 236, , awarding contract to HGA Associates, Inc., under county better infill development program. Motion by Olsen/Cornwell to approve Resolution 236, , awarding contract to HGA Associates, Inc., under county better infill development program; carried 7-0.

10 Minutes ZNR Committee Page 10 VII ORDINANCE AMENDMENTS: a. O.A. 16, , Amending chapters 12 & 75 of the D.C.C.O., adjusting various land use fees. Motion by Olsen/Cornwell to approve O.A. 16, , Amending chapters 12 & 75 of the D.C.C.O., adjusting various land use fees; carried 5-2. Anderson and Hitzemann voting no. VIII. OTHER BUSINESS: a. Transfer of funds for parcel mapping. Motion by Olsen/Johnson to approve the transfer of funds for parcel mapping; carried 7-0. IX. ADJOURN. Motion by Olsen/Johnson to adjourn at 9:31 P.M.; carried 7-0. James Gregorius Recording Secretary NOTE: These minutes reflect the notes of the recorder and are subject to correction and approval at a subsequent meeting of the committee.