Minutes of the ZNR Committee Page 1 MINUTES OF THE MEETING OF THE DANE COUNTY ZONING AND NATURAL RESOURCES COMMITTEE HELD ON APRIL 22, 2003

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1 Minutes of the ZNR Committee Page 1 MINUTES OF THE MEETING OF THE DANE COUNTY ZONING AND NATURAL RESOURCES COMMITTEE HELD ON APRIL 22, 2003 PRESENT: Anderson, Hendrick, Hitzemann, Pertzborn, Richmond, Rollins, Wendt ALSO: Scribner, Sieling, Allen & Reynolds I. CALL TO ORDER: The meeting was called to order by Vice-Chair Hitzemann at 7:30 P.M. in Room 201, City-County Building. II. PUBLIC COMMENT: None III. PUBLIC HEARING FOR REZONE AND CONDITIONAL USE PERMIT APPLICATIONS AND ORDINANCE AMENDMENTS: 1. PETITION # 8675 BY H & S CORPORATION OF AMERICA, INC. to amend the Deed Restrictions of previous Pet. #7107 to permit expansion of existing facility in the C-1 Commercial district on property located at 1185 US Highway 14 in part of the NE 1/4 SW 1/4 and NW 1/4 SE 1/4 Section 7, Town of Rutland. IN FAVOR: Kevin Kinney STAFF: P&D TOWN: Town approved No conditions Motion by Hendrick/Richmond to approve, subject to a deed restriction as follows: Deed restrict the C-1 lot to limit permitted uses to an 18,000 square foot breeding facility for laboratory rats and mice, and related uses such as driveway, parking lots and lights. Motion to approve as amended; carried PETITION # 8676 BY GERALD & NANCY PFEIL to change the zoning from A-1 EX Exclusive Agricultural to R-1 Residential and CO-1 Conservancy on property South of 6556 Hickory Lane in part of the W 1/2 SW 1/4 Section 36, Town of Vienna. IN FAVOR: Ron Guthrie, Bob Pulvermacher, Carlton Hamre & Peggy Acker-Farber STAFF: P&D, Co. Hwy TOWN: Town approved No conditions Motion by Anderson/Pertzborn to approve; carried PETITION # 8677 BY TODD LEWELLIN to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes on property located at Old Y Road in part of the E 1/2 NW 1/4 Section 28, Town of Mazomanie.

2 Minutes of the ZNR Committee Page 2 IN FAVOR: Todd Lewellin STAFF: P&D TOWN: Town approved No conditions Motion by Hendrick/Pertzborn to approve; carried PETITION # 8678 BY JAMES & SUSAN POLEY to change the zoning from A-1 EX Exclusive Agricultural, R-1 Residential and RH-1 Rural Homes to R-1 Residential on property located at 1858 Meadow View Lane in part of the NE 1/4 SE 1/4 Section 2, Town of Cottage Grove. IN FAVOR: James Poley STAFF: Motion by Hendrick/Pertzborn to postpone; carried CONDITIONAL USE PERMIT # 1824 BY THOMAS & JULIE WENDT to allow unlimited livestock on parcels of 3-16 acres on property located at 5414 Bell Brook Road in part of the SW 1/4 SE 1/4 and SE 1/4 SW 1/4 Section 27, Town of Oregon. IN FAVOR: Julie Wendt STAFF: LCD TOWN: Town has approved no conditions Richmond/Hendrick to approve with conditions; 1. The applicant shall maintain and implement a plan approved by the Dane County Land Conservation Department that addresses barnyard runoff, collection, temporary storage and safe disposal of manure from the site. 2. No more than 55 animal units, as defined in section 10.01(3) of the Dane County Code, shall be kept on the premises at any time. Motion by Pertzborn/Hendrick to approve as conditioned; carried PETITION #8679 BY JERRY & JOYCELYN RIPP to chance the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located South of 7414 Clemens Road in part of the W 1/2 NW 1/4 Section 18, Town of Vienna. IN FAVOR: Carlton Hamre TOWN: Town has approved. Motion by Rollins/Pertzborn to approve; carried PETITION # 8680 BY LOIS VIKE & VIKE FAMILY TRUST to change the zoning from A-1 EX Exclusive Agricultural to A-2(8) Agricultural on property located East of 1871 Hammond Road in part of the NW 1/4 NW 1/4 Section 25 and NE 1/4 NE 1/4 Section 26, Town of Dunkirk. IN FAVOR: Tim & Tanya Vike

3 Minutes of the ZNR Committee Page 3 Motion by Richmond/Hendrick to postpone; carried PETITION # 8681 BY PHILLIP & ELIZABETH KEISER to change the zoning from RH-2 Rural Homes to RH-3 Rural Homes on property located at 8631 Hornung Road in part of the SE 1/4 NW 1/4 Section 10, Town of Roxbury. IN FAVOR: No appearances Motion by Hendrick/Wendt to table; carried PETITION # 8682 BY CORY KNUDSON to change the zoning from A-1 EX Exclusive Agricultural to A-2(2) Agricultural on property located at and across from 4201 County Highway F in part of the S 1/2 NW 1/4 Section 17, Town of Vermont. IN FAVOR: Cory Knudson Motion by Rollins/Hendrick to postpone; carried PETITION # 8683 BY KEVIN & SHERYL MORELAND to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located at 5428 Boxelder Road in part of the SE 1/4 NW 1/4 Section 24, Town of Medina. IN FAVOR: Kevin Moreland Motion by Hendrick/Richmond to postpone; carried PETITION # 8684 BY KENNETH SAVONNE to change the zoning from A-1 EX Exclusive Agricultural to R-3 Residential on property located South of 4972 Scherbel Road in part of the SE 1/4 NE 1/4 Section 32, Town of Berry. IN FAVOR: Kenneth Savonne TOWN: Town approved, no conditions. Motion by Wendt/Anderson to approve; carried PETITION # 8685 BY ROBERT BRUNNER to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located East of 9085 Mineral Point Road in part of the NW 1/4 NE 1/4 Section 29, Town of Cross Plains. IN FAVOR: Robert Brunner

4 Minutes of the ZNR Committee Page 4 TOWN: Town approved, no conditions. Motion by Wendt/Anderson to approve; carried PETITION # 8686 BY PAUL MORRISON ET AL. to change the zoning from A-3 Agricultural, and RH-3 Rural Homes to RH-3 Rural Homes and RH-2 Rural Homes on property located at 5841 Lincoln Road in part of the NE 1/4 NE 1/4 Section 17, Town of Oregon. IN FAVOR: Paul Morrison Motion by Pertzborn/Hendrick to postpone; carried PETITION # 8687 AND CONDITIONAL USE PERMIT # 1825 BY WISCONSIN DEPARTMENT OF TRANSPORTATION to change the zoning from A-1 EX Exclusive Agricultural to A-2(1) Agricultural and also allow cellular communications tower site on property located East of 3018 Door Creek Road in part of the SE 1/4 SW 1/4 Section 5, Town of Pleasant Springs. IN FAVOR: Bill Fleck Motion by Pertzborn/Hendrick to postpone; carried 6 0 with Rollins abstaining. 15. PETITION # 8688 BY ROLAND & LOUISE KARLS to change the zoning from A-1 EX Exclusive Agricultural to A-2 Agricultural on property located Southwest of 6625 Reppen Road in part of the NE 1/4 NE 1/4 Section 14, Town of Dane. IN FAVOR: Jerry & Lori Karls Motion by Hendrick/ Richmond to delete the requirement of a CSM, and to approve with the following conditions: 1. The landowner must record with the Dane County Register of Deeds deed restrictions, in a form acceptable to the zoning administrator, on the proposed A-2 parcel described in Petition 8688 that prohibit residential development. 2. The landowner must record with the Dane County Register of Deeds deed restrictions to combine the proposed A-2 parcel and the parcel described in Certified Survey Map 9207, as provided in section 10.16(3)(b) of the Dane County Code. Motion by Hendrick/Richmond to approve as amended;.carried PETITION # 8690 BY SHARON CHRISTENSEN to change the zoning from RH-4 Rural Homes to RH-3 Rural Homes on property located East of 4804 Rome Corners in part of the NE 1/4 NE 1/4 Section 25, Town of Oregon. IN FAVOR: Sharon Christensen

5 Minutes of the ZNR Committee Page 5 TOWN: Town approved with no conditions. Motion by Hendrick/Richmond to postpone; carried PETITION # 8691 BY JANICE & GERALD OLSON to change the zoning from A-1 EX Exclusive Agricultural to CO-1 Conservancy and RH-1 Rural Homes on property located at 9915 Wilkinson Road in part of the SW 1/4 NE 1/4 and NW 1/4 SE 1/4 Section 2, Town of Mazomanie. IN FAVOR: Gerald Olson Motion by Wendt/Anderson to amend the RH-1 requested areas to RH-2, as requested by the Town. Motion by Wendt/Anderson to approve as amended; carried PETITION # 8692 BY MARGARET EASTMAN TRUST to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located at 548 Hillside Road in part of the S 1/2 SE 1/4 Section 23, Town of Albion. IN FAVOR: No appearances TOWN: Town approved with no conditions. Motion by Hendrick/Pertzborn to table; carried PETITION # 8693 BY CLAYTON & MARIA SWERIG to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located East of 1447 County Highway B in part of the SW 1/4 SE 1/4 Section 19, Town of Christiana. IN FAVOR: Clayton & Maria Swerig Motion by Richmond/Rollins to approve without conditions; carried PETITION # 8694 BY GARY ROWLEY to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes and RH-1 Rural Homes on property located at West Blue Mounds Road in part of the E 1/2 NW 1/4 and W 1/2 NE 1/4 Section 29, Town of Blue Mounds. IN FAVOR: William Hitzemann Motion by Hitzemann/Anderson to postpone; carried PETITION # 8695 BY MITCHELL & DAWN MARKS to change the zoning from A-1 EX Exclusive Agricultural to A-2 Agricultural on property located East, South and West of 3011 Jahnke Road in part of the W 1/2 SE 1/4 Section 18, Town of Cottage Grove. IN FAVOR: Mitchell Marks

6 Minutes of the ZNR Committee Page 6, DC Hwy Motion by Hendrick/Pertzborn to impose a deed restriction requested by the Town, as follows: Deed restrict the proposed A-2 parcel against further residential development (Current tax parcel # ). Motion by Hendrick/Pertzborn to approve as amended; carried PETITION # 8696 BY JAMES M. LINK to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes and A-2 Agricultural on property located East of 2979 Bosben Road in part of the NW 1/4 SW 1/4 Section 6, Town of Christiana. IN FAVOR: Linda Link, DC Hwy TOWN:Town approved with condition. Motion by Wendt/Hendrick to approve with a deed restriction as per town and staff conditions as follows: 1. Deed restrict the proposed A-2 parcel to prohibit residential development (Current tax parcel # ). 2. Deed restrict the proposed A-2 parcel to prohibit further division. Motion by Wendt/Hendrick to approve as amended; carried PETITION # 8697 BY GERALD & SHERRY KNUTESON to change the zoning from A-1 EX Exclusive Agricultural to A-2 Agricultural and RH-1 Rural Homes on property located West of 160 County Highway A in part of the S 1/2 SW 1/4 Section 36, Town of Christiana. IN FAVOR: Gerry Knuteson, DC Hwy TOWN:Town approved with condition. Motion by Richmond/Pertzborn to approve with the following conditions: 1) Deed restrict the proposed A-2 parcel to prohibit residential development. 2) Deed restrict the balance of the farm to prohibit further residential development (parcel # , # , # , # ). Motion by Richmond/Pertzborn to approve as amended; carried PETITION # 8698 AND CONDITIONAL USE PERMIT # 1826 BY HLS LLC ET AL. to change the zoning from A-1 EX Exclusive Agricultural to A-B Agricultural Business and also allow experimental laboratory and stock yard on property located West of 2630 State Highway 78 in part of the NE 1/4 NE 1/4 Section 15, Town of Blue Mounds. IN FAVOR: Ludwig Simmet, Attorney Fred Rikkers OPPOSED: Barbara Thompson (letter), DC Hwy Motion by Hendrick/Richmond to postpone; carried 7 0.

7 Minutes of the ZNR Committee Page PETITION # 8699 BY DANE COUNTY to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes and A-2 Agricultural on property located East of 3250 County Highway N in part of the SW 1/4 NE 1/4 and NW 1/4 SE 1/4 Section 33, Town of Cottage Grove. IN FAVOR:Nancy & John Hornung, Kris Hampton & Gaylord Plummer(registered) OPPOSED: Gene Skaar, Registered in opposition: Don & Minerva Lea, Ellen Skaar, DC Hwy, Wisconsin Historical Society. Motion by Pertzborn/Richmond to postpone; carried CONDITIONAL USE PERMIT # 1827 BY ELLEN & HENRY BUNN to allow Limited Family Business - educational tours, and allow horse boarding & related sales on property located at 2090 Town Hall Road in part of the E 1/2 NW 1/4, NE 1/4 SW 1/4, SW 1/4 NE 1/4 and NW 1/4 SE 1/4 Section 28, Town of Springdale. IN FAVOR: Henry & Ellen Bunn OPPOSED: Bill Garfoot, Dennis Kartman, Registrations: Bernice Hughes, Nancy Fiedler, Motion by Hendrick/Wendt to postpone; carried 7 0. PETITION # 8681 BY PHILLIP & ELIZABETH KEISER, Town of Roxbury. Motion by Pertzborn/Anderson to remove from the table; carried 7-0. Motion by Anderson/Richmond to postpone; carried 7-0. PETITION # 8692 BY MARGARET EASTMAN TRUST, Town of Albion. Motion by Pertzborn/Anderson to remove from the table; carried 7-0. Motion by Anderson/Rollins to postpone; carried 7-0. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS: a. Petition # 8653 Smith Town of Oregon 02/25/03. Motion by Anderson/Wendt to approve. Motion by Wendt/Anderson to postpone action and schedule for a site visit on 04/26/03 at 9:30 A.M.; carried 7-0. V. PLATS: A. PRELIMINARY PLATS: a. NORWAY ROAD ESTATES, Section 19, Town of Bristol. Staff recommends approval, subject to 14 conditions. Motion by Hendrick/Anderson to approve, subject to the following conditions: 1. The legal description is to correctly refer to Section Compliance with Chapter 14, Dane County Code of Ordinances is required. 3. An erosion control-drainage control plan is to be submitted for review and Dane County

8 Minutes of the ZNR Committee Page 8 Land Conservation Department approval is to be obtained. 4. Utility easements are to be provided. 5. Town of Bristol approval is to be obtained. 6. City of Sun Prairie approval is to be obtained (extraterritorial jurisdiction). 7. The public park land appropriation requirement is to be satisfied (private park land does not satisfy this requirement. 8. Street names, consistent with Chapter 76, Dane County Code of Ordinances, are to be assigned. 9. All lots and outlots are to meet the minimum area and width requirements of the zoning district that are applicable. 10. All public land dedications are to be clearly designated dedicated to the public. 11. Compliance with the minimum setback requirements of the Dane County Zoning Ordinance is to be established. Motion carried 7-0. b. BURKE COMMERCE PARK, Section 9, Town of Burke. Motion by Hendrick/Richmond to schedule a joint meeting of the Zoning and Natural Resources Committee and the City of Madison Planning Commission; carried 4-3 with Anderson, Hitzman and Wendt voting no. B. FINAL PLATS: a. AIRPORT ROAD BUSINESS PARK FIRST ADDITION, City of Middleton. Staff recommends a certification of non-objection. Motion by Hendrick/Richmond to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; carried 7-0. b. HEATHER GLEN ADDITION TO THE CROSSING, City of Madison. Staff recommends a certification of non-objection. Motion by Pertzborn/Hendrick to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; carried 7-0. c. LIBERTY PLACE, City of Madison. Staff recommends a certification of non-objection. Motion by Pertzborn/Hendrick to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; carried 7-0. C. CERTIFIED SURVEY MAPS: None. VI. VII. RESOLUTIONS: None. ORDINANCE AMENDMENTS:

9 Minutes of the ZNR Committee Page 9 a. Ordinance Amendment # 38, Amending Chapters 2, 32 & 47 of the Dane County Code of Ordinances, regarding animal control. Motion by Hendrick/Richmond to approve; carried 7-0. VIII. OTHER BUSINESS None. IX. ADJOURN: Motion by Richmond/Hendrick to adjourn at 10:25 P.M.; carried 7-0. Norbert Scribner, 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. MINUTES FILED WITH THE COUNTY CLERK: 04/25/03.