ZONING & LAND REGULATION COMMITTEE Dane County Board Of Supervisors MINUTES OF THE MAY 9, 2006 WORK MEETING

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1 ZLR Committee Work Meeting Agenda Page 1 of 7 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 MAY 9, 2006 WORK MEETING MEMBERS PRESENT: Hendrick, Jensen, Miles (arrived at 7:40 p.m.), Pertzborn, Wendt OTHERS PRESENT: Andros, Conrad, Scribner, Violante I. CALL TO ORDER: Sup. Wendt called the meeting to order at 7:30 p.m. in room 310 of the City-County Building. II ELECTION OF OFFICERS Motion by Hendrick/Pertzborn to table this matter until after agenda item VII (Plats); carried, 4-0. Motion by Wendt to nominate Supervisor Jensen for Chair; Motion by Hendrick to nominate Supervisor Pertzborn for Chair; Supervisor Pertzborn was elected chair by a 3-2 vote. Motion by Jensen to nominate Supervisor Wendt for Vice-Chair; Motion by Miles to nominate Supervisor Hendrick for Vice-Chair; Supervisor Hendrick was elected Vice-Chair by a 3-2 vote. Motion by Jensen to nominate Supervisor Miles for Secretary; Supervisor Miles was elected Secretary unanimously. III. IV. APPROVAL OF MINUTES Motion by Hendrick/Pertzborn to approve the minutes of the 04/11/2006 and 04/25/2006 meeting(s)/hearing(s) of the Zoning & Land Regulation Committee; carried, 4-0. PUBLIC COMMENT Kris Hampton spoke regarding expectations of the Committee. V. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM APRIL 25, 2006 PUBLIC HEARING 1. PETITION # 9463 BY WESTERN DESIGNS, INC. to change the zoning from A-1 EX Exclusive Agricultural to A-2(4) Agricultural and R-1A Residential on property located West of 7372 Springhelt Drive in part of the NE 1/4 SE 1/4 Section 5, Town of Springfield. Motion by Hendrick/Pertzborn to postpone until the next work session and direct staff to invite the Town s attorney to the next work session; carried, PETITION # 9465 AND CONDITIONAL USE PERMIT # 2004 BY SAFEGUARD STORAGE OF WISCONSIN, LLC to amend Conditions and Deed Restrictions of Pet. #8941 and also allow residence for watchman or caretaker in the C-2 Commercial District on property located at 3124 Luds Lane in part of the SW 1/4 NW 1/4 Section 30, Town of Cottage Grove. Motion by Pertzborn/Hendrick to recommend approval with the following conditions; carried, as amended, ) Deed restrict the property as follows: a. Luds Lane must be improved to the satisfaction of the Town of Cottage Grove (with approval by Highway Superintendent); b. The intersection with County Highway AB must be improved as necessary;

2 ZLR Committee Work Meeting Agenda Page 2 of 7 c. The property must be landscaped and screened per County Ordinance 10.16(7); d. Only one small sign, no larger than 3 x 10 is allowed on the property; e. Outside storage is prohibited; f. Doors or lighting on the north end of the mini-warehouses is prohibited; g. Phase I will begin in 2003 and open in 2004; h. No more than three (3) buildings can be built in any two (2) year period; i. Phase II can begin no sooner than 2005; j. Phase III can begin no sooner than 2008; 2) Condition that the applicant must obtain a Storm Water Management permit for the site within ninety (90) days of approval by Dane County; 3) Condition that the applicant must have a detailed Site Plan, including lighting that is always aimed downward, approved by the Town within ninety (90) days of approval by Dane County. A copy of the approved site plan must be submitted to Dane County Zoning within ten (10) days of approval by the Town of Cottage Grove; 4) Condition that the applicant must obtain an approved fencing plan approved by the Town within ninety days of approval by Dane County. A copy of the approved fencing plan must be submitted to Dane County Zoning within ten (10) days of approval by the Town of Cottage Grove; 5) Deed Restrict the property limiting the use of the C-2 property exclusively to 10.14(1)(f) and 10.14(2)(i), Dane County Code of Ordinances, more specifically limited exclusively to only miniwarehouses and a residence for a caretaker or watchman. 3. PETITION # 9466 BY HOWARD & ALICIA ZWEIFEL to change the zoning from A-1 EX Exclusive Agricultural to A-2(2) Agricultural on property located North of 1685 Fritz Road in part of the W 1/2 SE 1/4 Section 31, Town of Verona. Town: Town approved, with amendment Motion by Pertzborn/Hendrick to recommend approval with the following amendment; carried, as 1) Amend the rezone for the property from A-2(2) (as originally requested) to RH PETITION # 9471 BY VERONA ENTERPRISES LLC to change the zoning from A-1 EX Exclusive Agricultural to R-1 Residential, R-4 Residential and CO-1 Conservancy on property located South of 2565 Tonto Trail in part of the NE 1/4 SE 1/4 and SE 1/4 NE 1/4 Section 13, Town of Verona. Motion by Hendrick/Miles to postpone; carried, PETITION # 9474 BY MELVIN & KAREN CROOK to change the zoning from A-1EX Exclusive Agricultural to R-1A Residential on property located at 6201 Lodi-Springfield Road in part of the NE 1/4 SW 1/4 and NW 1/4 SE 1/4 Section 4, Town of Springfield. Motion by Hendrick/Pertzborn to postpone; carried, PETITION # 9476 BY ROBERT NICKELLS & CASSANDRA SCHLAMP to change the zoning from A-1 EX Exclusive Agricultural to RH-4 Rural Homes on property located at and West of 681 Glenway in part of the NW 1/4 SE 1/4 Section 22, Town of Oregon. Town: Town approved, no conditions Motion by Hendrick/Miles to postpone and direct staff to send a copy of the staff report by certified mail to the adjacent property owner to the south, and schedule the matter for the May 23, 2006 public hearing; carried, PETITION # 9477 BY LLOYD WEIDEMANN to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located Southeast of 7385 Latham Road in part of the SE 1/4 NE 1/4 Section 18 and SW 1/4 NW 1/4 Section 17, Town of Dane. Town: Town approved, no conditions Motion by Pertzborn/Hendrick to recommend approval with the following condition; carried, as amended, ) Deed restrict parcel # and parcel # prohibiting residential development.

3 ZLR Committee Work Meeting Agenda Page 3 of 7 8. PETITION # 9479 BY LARRY ZIEMER ET AL. to change the zoning from A-1 EX Exclusive Agricultural to RH-2 Rural Homes and RH-3 Rural Homes on property located at and West of 3490 County Highway JG in part of the S 1/2 SW 1/4 Section 27 and N 1/2 NW 1/4 Section 34, Town of Vermont. Town: Town approved, no conditions Motion by Hendrick/Wendt to postpone; carried, as VI. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS: a. CUP #1523/Petition #7385, Odilon & Dinorah Melendez, Town of Madison, 11/24/1998. Town approved, no conditions. No action taken b. Petition #9321, Christopher Brent, Town of Oregon, 08/23/2005. Town approved, no conditions. Motion by Pertzborn/Jensen to recommend approval with the following condition; carried, as 1) Condition that the applicant must record a document with the Dane County Register of Deeds that would provide notice that no further residential development units are available to this property (parcels # ; ; ), and that further residential development is prohibited under Town & County Land Use Planning policies. c. Petition #9333, Dane County Parks, Town of Berry, 09/27/2005. Town approved, with amendment. Motion by Jensen/Pertzborn to recommend approval with the following amendment; carried, as 1) Amend the rezone for the property from A-2(4) (as originally requested) to RH-2. d. CUP #1981, Warren & Ruth Breggeman Life Estate Et Al., Town of Vienna, 10/25/2005. Town approved, with conditions. Motion by Wendt/Hendrick to approve with the following conditions; carried, as conditioned, ) The applicant shall sign a development agreement with the Town of Vienna. 2) 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. 3) The applicant shall apply for and receive all other required local, state and federal permits. 4) The operator shall develop and operate the site according to the site/operations and phasing plan. 5) Operations shall cease no later than fifty (50) years from the date of CUP approval. The town will conduct a review of the agreement every three (3) years. 6) There shall be a fifty (50) foot setback from the perimeter of the property where no mining will occur. 7) No more than twenty (20) acres of the site may be open for active mineral extraction at any time. 8) Hours of operation for trucking and crushing shall be from 6:00 a.m. to 4:30 p.m., not including maintenance time (equipment start-up may begin at 5:30 a.m.), Monday through Friday. These hours maybe expanded with the written approval of the Town Board if the quarry operations are being performed for public contracts, or during the reclamation or stripping phases. 9) Blasting hours will be limited to the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. No blasting will occur on Saturdays, Sundays or legal holidays. 10) The operator shall conduct a pre-blast inspection of all buildings, structures and wells within a quarter (1/4) mile radius of the perimeter of the subject property. 11) The operator shall have the water levels and turbidity of all wells within a quarter (1/4) mile of the quarry tested once prior to blasting, and every three years after that unless the town requests more frequent testing. 12) No blasting will have peak particle velocity exceeding 0.3 inches per second. 13) No explosives shall be stored on site.

4 ZLR Committee Work Meeting Agenda Page 4 of 7 14) Written notice shall be provided to all residents within 500 feet, unless otherwise agreed upon in writing, one week in advance of the start of any scheduled blasting sequence. 15) Operator shall create an earthen berm around the perimeter of the quarry for purpose of mitigating noise, and to address visual and safety concerns. The berm shall be seeded. 16) Reclamation shall meet requirements of Chapter 74 of the Dane County Code of Ordinances. 17) The only entrance to the quarry area shall be the existing farm driveway on County Highway V. Additional access points may be allowed by the operator for agricultural uses on the property. The quarry entrance on CTH V will be improved at the operator s expense in accordance with standards set by the County Highway Department to allow for safer truck movements in and out of the quarry. Improvements will be made prior to the start of operations. The site entrance road will be paved from CTH V for a distance of approximately 500 feet north. 18) The operator shall maintain Norway Grove School Road from the intersection of Norway Grove School Road and County Highway I to a point 2,400 feet west to a Paser rating of seven (7). 19) Operator shall maintain a fence near the perimeter of the open pit area where the drop off exceeds ten (10) feet to avoid disrupting active agricultural operations, or as agreed to between the Town and the Operator and shown on the operation plan. The fence will have an overall height of four (4) feet with one (1) foot of barbed wire at the top. The quarry shall be posted NO TRESPASSING OR HUNTING. A gate shall be securely locked when the quarry is not in operation on the haul road near the barn and buildings. 20) No water shall be pumped or otherwise removed from the site. 21) Excavation shall remain a minimum of four (4) feet above the groundwater table. 22) No more than 500 gallons of fuel may be stored on site. It must be in a single tank with a spill containment tank with a roof. 23) The operator shall require all trucks and excavation equipment to have muffler systems that meet or exceed then current industry standards for noise abatement. 24) The operator shall meet DNR standards for particulate emissions as described in NR and NR ) Dane County and the Town of Vienna shall be listed as additional named insureds on the Operator s liability insurance policy, which shall be for a minimum of $5,000,000 combined single limit coverage per occurrence. The operator shall furnish a copy of a Certificate of Insurance as evidence of coverage before operations commence. The liability insurance policy shall remain in effect until reclamation is complete. 26) The Zoning Administrator or designee may enter the premises of the operation in order to inspect those premises and to ascertain compliance with these conditions or to investigate an alleged violation. Unless the operation is in reasonable compliance with these terms of this approval, such approval is subject to amendment or revocation. e. Petition #9396, Thomas & Nancy Sutter, Town of Blue Mounds, 12/27/2005. Town approved, no conditions. Motion by Wendt/Jensen to recommend approval; carried, 5-0. f. Petition #9439, William Blatterman Et Al., Town of Blooming Grove, 02/28/2006. Town approved, no conditions Motion by Hendrick/Pertzborn to recommend approval with the following condition; carried, as 1) Deed restrict the property limiting the uses exclusively to the following: a. Major repairs to motor vehicles; b. Sales of new and used contractor s machinery and equipment; c. Repairs, storage and service of contractor s machinery and equipment; d. Bulk fuel storage, sales and storage of lumber and building material; e. Bottling plants; f. Utility services; g. Parking or storing of motor vehicles; h. Warehouses;

5 ZLR Committee Work Meeting Agenda Page 5 of 7 i. Retail and service uses including, but not limited to grocery stores, drugstores, hardware stores, appliance and furniture stores, barbershops and beauty shops without limitation as to size; j. Warehousing and storage incidental to a permitted use on the premises. Miniwarehouses are excluded from use; k. Medical, dental and veterinary clinics; l. Banks, offices, office buildings and condominium office buildings devoting not more than two (2) floor to office space; m. Bakeries, printing plants, laundries, dry cleaning plants; n. Distribution centers and wholesale businesses; o. Woodworking shops, machine shops, manufacturing and assembly plants; p. Bicycle sales and service; q. Rental businesses, except for motor vehicles; r. Off-site parking of motor vehicles. g. Petition #9445, John & Roberta Hilgers, Town of Dane, 03/28/2006. Town approved, with conditions. Motion by Hendrick/Pertzborn to recommend approval with the following condition and amendment; carried, as 1) Amend the rezone for the property from R-1 (as originally requested) to R-1A, note the proposed A-2(8) rezoning was not altered; 2) Deed restrict the A-2(8) parcel prohibiting residential development. h. Petition #9454, Duane & Candace Swalheim, Town of Pleasant Springs, 03/28/2006. Town denied. Motion by Hendrick/Pertzborn to postpone; carried, 5-0. i. Petition #9455, Oregon Parks, LLC, Town of Berry, 03/28/2006. Town approved, no conditions. Motion by Hendrick/Miles to recommend approval with the following condition; carried, as 1) Condition that the applicant must obtain town approval for a driveway within ninety (90) days of approval by Dane County. A copy of the approval must be submitted to Dane County Zoning within ten (10) day of approval. j. Petition #9457, Lee & Cynthia Bohling, Town of Sun Prairie, 03/28/2006. Town approved, no conditions. Motion by Pertzborn/Miles to recommend approval; carried, 5-0. k. Petition #9458, Hammonds Apartment Rental, LLC, Town of Madison, 03/28/2006. Town approved, no conditions. Motion by Miles/Pertzborn to recommend approval; carried, 5-0. VII. PLATS: 1. PRELIMINARY PLATS: a. TOKEN CREEK CONSERVANCY ESTATES, City of Sun Prairie. Staff recommends a certification of non-objection. Motion by Hendrick/Jensen to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; carried 5-0. b. VIENNA BUSINESS CENTER, Section 24, Town of Vienna. Staff recommends a conditional approval. Motion by Pertzborn/Miles to approve, subject to the following conditions: 1. Compliance with S.14.45, Dane County Code of Ordinances is to be established. 2. Compliance with S.14.46, Dane County Code of Ordinances is to be established. 3. Utility easements are to be provided. 4. All public land dedications are to be clearly designated dedicated to the public.

6 ZLR Committee Work Meeting Agenda Page 6 of 7 5. Village of DeForest approval is to be obtained (extraterritorial jurisdiction). 6. Evidence of required zoning is to be obtained (publication in the official newspaper). 7. All lots and outlots are to meet the minimum area and width requirements of the zoning districts that are applicable. 8. Lot boundaries and zoning district boundaries are to be coterminous. 9. Street names, consistent with Chapter 76, Dane County Code of Ordinances, are to be assigned. Dane County Zoning Division approval is to be obtained. 10. All references to Dane County Zoning and Natural Resources Committee are to be changed to Dane County Zoning and Land Regulation Committee. 11. Wisconsin Department of Transportation certification of non-objection is to be obtained. Motion carried FINAL PLATS: a. RAIN GARDEN VILLAGE, Section 3, Town of Burke. Staff recommends a conditional approval. Motion by Hendrick/Pertzborn to deny. Motion was withdrawn. Motion Pertzborn/ Miles to approve the request for a time extension of 31 days for the consideration of the plat. Said time extension will expire on 06/14/06. A Corporation Counsel opinion is to be obtained regarding the Committee s legal ability to deny the final plat based on the following items: 1. Stormwater management measures have not been installed, in violation of condition 2 of the preliminary plat, sections 14.46, 14.51(2) and 75.20(5) and (9) Dane County Ordinance. 2. Parkland has not been designated in violation of condition 7 of the preliminary plat and section Dane County Ordinance. 3. The proposed name of Brandywood Drive is not consistent with Chapter 76, specifically 76.03(3)(c) and 75.19(1)(t)2. and 4., in violation of condition 9 of the preliminary plat. Motion carried 5-0. b. VINNIE'S POINT, Section 20, Town of Middleton. Staff recommends a conditional approval. Motion by Hendrick/Jensen to approve, subject to the following conditions: 1. Compliance with S.14.45, Dane County Code of Ordinances is to be established. 2. Compliance with S.14.46, Dane County Code of Ordinances is to be established. 3. Utility easements are to be provided. 4. Town of Middleton approval is to be obtained. 5. The correct City of Madison waiver of jurisdiction certificate is to be included and executed (extraterritorial jurisdiction). 6. A copy of the executed public improvement contract is to be submitted. 7. Surety is to be posted with the Town of Middleton in an amount sufficient to guarantee the completion of the required public improvements in accordance with the executed public improvement contract. Said surety is to be established for a minimum time period of 24 months beyond the date of Dane County certification of the plat and is to be specifically referenced to the executed public improvement contract. 8. The public park land appropriation requirement is to be satisfied (private park land does not satisfy this requirement). 9. All lots and outlots are to meet the minimum area and width requirements of the zoning districts that are applicable. 10. The Chair of the Dane County Zoning and Land Regulation Committee is to be correctly identified as Richard D. Pertzborn. 11. A time certain for the vacation and discontinuance of the area designated street area to be vacated is to be identified on face of the document. Motion carried 5-0. c. FIRST ADDITION TO EAST END, Section 10, Town of Sun Prairie. Motion by Hendrick/Jensen to accept the application and schedule for a future consideration d. JOSHUA'S CROSSING, Sections 5 & 8, Town of Middleton.

7 ZLR Committee Work Meeting Agenda Page 7 of 7 Motion by Hendrick/Wendt to accept the application and schedule for a future consideration e. MAYR'S PARK VIEW ESTATES, Section 35, Town of Windsor. Motion by Pertzborn/Miles to accept the application and schedule for a future consideration f. PARKER'S PLACE, Section 19, Town of Bristol. Motion by Hendrick/Wendt to accept the application and schedule for a future consideration 3. CERTIFIED SURVEY MAPS: a. Dean L. Schulz, Section 30, Town of Rutland. Applicant requests waiver of required fee. Motion by Jensen/Wendt to approve; failed 2-3 with Hendrick, Miles and Pertzborn voting no. b. William L. Olson, Section 33, Town of Springdale. Applicant requests variance from the required 66' of frontage on a public street. Motion by Wendt/Jensen to approve; failed 2-3 with Hendrick, Miles and Pertzborn voting no. c. David D. Jones, Section 2, Town of Blue Mounds. Applicant requests waiver of the requirement of public street frontage. Motion by Wendt/Jensen to approve; carried 3-2 with Hendrick and Pertzborn voting no. VIII. IX. RESOLUTIONS: None ORDINANCE AMENDMENTS: None X. OTHER BUSINESS: None XI. ADJOURN: Motion by Wendt/Hendrick to adjourn at 9:45 p.m.; carried, 5-0. Peter Conrad, Recording Secretary MINUTES FILED WITH THE COUNTY CLERK: MAY 11, 2006