DANE COUNTY BOARD OF SUPERVISORS

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1 ZLR Committee Public Hearing Agenda Page 1 of 3 October 25, 2011 DANE COUNTY BOARD OF SUPERVISORS ZONING & LAND REGULATION COMMITTEE PUBLIC HEARING AGENDA Date: Tuesday, October 25, 2011 Time: 7:30 P.M. Location: ROOM 201, City-County Building 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) I. CALL TO ORDER ITEMS TO BE CONSIDERED II. III. PUBLIC COMMENT PUBLIC HEARING FOR REZONE AND CONDITIONAL USE PERMIT APPLICATIONS AND RESOLUTIONS AND ORDINANCE AMENDMENTS 1. PETITION #10344 and CUP #2178 by JANICE G DOYLE to change the zoning from A-2 (2) Agriculture District to A-2 (4) Agriculture District and RH-1 Rural Homes District to A-2 (4) Agriculture District to allow zoning compliance for structures and allow a limited family business on the property located at 4575 Garfoot Road, in Section 4, TOWN OF CROSS PLAINS. 2. PETITION # by ROBERT A SUTER to change the zoning from RH-2 Rural Homes District, RE-1 Recreational District and A-1Ex Agriculture District to RH-3 Rural Homes District to allow the creation of one residential lot on the property located south of 6406 State Highway 78 in Section 35, TOWN OF MAZOMANIE. 3. PETITION # by SHAWN QUINN to change the zoning from A-1 Agriculture District to LC-1 Limited Commercial District to allow an indoor manufacturing business on the property located west of 3230 Meadow Road in Section 32, TOWN OF MIDDLETON. 4. PETITION # by LARRY F DONAHUE to change the zoning from A-1Ex Agriculture District to RH-1 Rural Homes District to allow the creation of one residential lot on the property located at 268 County Highway DD in Section 36, TOWN OF MONTROSE. 5. PETITION # by MELISSA E WEE to change the zoning from A-1Ex Agriculture District to RH-1 Rural Homes District and RH-1 Rural Homes District to A-1Ex Agriculture District to reconfigure the property lines for an existing residential lot on the property located at 3010 Shady Oak Lane in Section 4, TOWN OF VERONA.

2 ZLR Committee Public Hearing Agenda Page 2 of 3 October 25, PETITION # by THOMAS M MIDTHUN to change the zoning from A-2 Agriculture District to A-1EX Agriculture District to comply with agricultural preservation policies on the property located at the northwest corner of County Highway V and Wibu Road intersection in Section 15, TOWN OF VIENNA. 7. PETITION # by BRENDA K VINJE-SHIELDS to change the zoning from RH-1 Rural Homes District and A-1Ex Agriculture District to RH-2 Rural Homes District to allow the separation of an existing residence on the property located at 793 Hildreth Road in Section 23, TOWN OF RUTLAND. 8. PETITION # and CUP #2179 by SARAH MARIE REPPEN to change the zoning from A-1Ex Agriculture District to LC-1 Limited Commercial District to allow for a metal work business and a single family residence for the owner on the property located at 7429 Clemens Road in Section 13, TOWN OF DANE. 9. PETITION # by MARIE ZIEGLER TRUST to change the zoning from A-1Ex Agriculture District to C- 2 Commercial District to allow commercial development on the property located west of 6814 Schneider Road in Section 35, TOWN OF SPRINGFIELD. 10. PETITION # by MELISSA E WEE to change the zoning from A-2 Agriculture District to RE-1 Recreational District to allow a recreational facility on the property located at 2958 Shady Oak Lane in Section 4, TOWN OF VERONA. 11. PETITION # by GREGORY A WOODS to change the zoning from R-2 Residence District to A-2 (1) Agriculture District to allow zoning compliance for structures on the property located at 2001 Williams Drive in Section 29, TOWN OF PLEASANT SPRINGS. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS 1. PETITION # by DALBY FARM LLC to change the zoning from A-1EX Exclusive Agricultural to RH-2 Rural Homes to allow the CREATION OF TWO RESIDENTIAL LOTS on the property located at END OF GRAFFIN LANE in Section 27, Town of Deerfield. V. PLATS AND CERTIFIED SURVEY MAPS 1. PRELIMINARY PLATS: a. None 2. FINAL PLATS: a. None 3. CERTIFIED SURVEY MAPS: a. None VI. RESOLUTIONS 1. Resolution 130, Dane County Operating Budget Appropriations Resolution. 2. Resolution 131, Capital Budget Appropriations Resolution VII. ORDINANCE AMENDMENTS 1. Ordinance Amendment 22, Amending Chapter 12, Imposing a Fee for Equipment on Cell Towers 2. Ordinance Amendment 23, Amending Chapter 75, Imposing a Preliminary Plat Review Extension Fee

3 ZLR Committee Public Hearing Agenda Page 3 of 3 October 25, 2011 VIII. OTHER BUSINESS 1. Review and possible action on the 2012 Register of Deeds Department Budget 2. Review and possible action on the 2012 Planning and Development Budget IX. ADJOURN Supervisor Patrick Miles, Chair, Zoning & Land Regulation Committee AGENDA POSTED: October 20, 2011

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5 Staff Report Public Hearing: October 25, 2011 Zoning Amendment: A-2(2) Agriculture to A-2(4) Agriculture and RH-1 Rural Homes to A-2(4) Agriculture Petition: DCPREZ DCPCUP Town/sect: Cross Plains, Section 4 Zoning and Land Regulation Committee Acres: 0.8 & 5.7 Survey Req. Yes Applicant: Janice Doyle Reason: Zoning compliance for a Limited Family Business (landscaping company) in a recently constructed building Location: 4575 Garfoot Road Description: The petitioner would like to use an existing agricultural building for a family lawn care, animal control, and snow removal business. The Conditional Use Permit would allow a small business to operate on the property along with a residence for the family. The property lines are being reconfigured for the adjacent properties, so that the existing agricultural building will be on the same property as the residence. Observations: The property has rolling topography with some areas exceeding 12% slope. No other significant sensitive environmental features observed. Town Plan: The property is located in the Agricultural Preservation District. Small commercial operations may be permitted as long as they do not conflict with neighboring land uses. No increase in residential density is being proposed. Staff: The proposal meets the dimensional standards of the zoning district. See suggested conditions for the Limited Family Business. Town: ZONING PETITION: Approved. CONDITIONAL USE: Approved with limits on size of building, type of business activity, outside storage, and signage. ZLR Committee Action: County Board Action:

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13 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Petition: DCPREZ Zoning Amendment: Town/sect: RH-2 Rural Homes to RH-3 Rural Mazomanie, Section 35 Homes, RE-1 Recreational to RH-3 Rural Homes and A-1EX Agriculture to RH-3 Rural Homes Acres: 15.5 Survey Req. Yes Applicant Robert Suter Reason: Adding additional land onto and Location: existing residential lot South of 6406 STH 78 Description: The petitioner has recently purchased additional lands from the adjacent landowner to add to his existing vacant residential lot. Currently, there are three zoning districts assigned to his land. The rezone would bring the new area into compliance with Zoning regulations, as well as, Land Division regulations. Observations: The property has various areas of steep slope topography exceeding 20% slope. No other significant sensitive environmental features observed. The property is accessed by an existing gravel roadway that serve as the main entrance point to the Cedar Hill Campground that is located just north of the property. The home site is located in an area with slopes less than 12%. Town Plan: The property is in the Agricultural Preservation District. Area is subject to Hillside and Ridge top requirements of the plan. The requirements discourage homes being placed on steep slope and at the crest of a hill. No increase in residential density is being proposed. Staff: The proposal meets the dimensional standards of the zoning district. Town: Approved with no conditions ZLR Committee Action: County Board Action:

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19 WI DNR 0 RH BRET KOESTER PARKS JAMES M JENNINGS 3.81 A-1(EX) CEDAR HILL CAMPGROUND LLC WI DNR GARY W ZIMMERMAN 4.42 RE-1 Æ WI DOT WI DNR 15 A-1(EX) GOODWILER REV TR, CARL F NATHAN HENSEN GOODWILER REV TR, CARL F RH-2 RH-3 Town of Mazomanie DR CEDAR HILL CAMPGROUND LLC 16 Homesite GOODWILER REV TR, CARL F JAMES G VENNIE III WI DOT LILLIAN SCHALLER DENNIS KIRCH CONSTRUCTION INC GRANT L NESHEIM GOODWILER REV TR, CARL F A-1(EX) THOMAS B MUCKLER 4.89 A-1(EX) DAVID J LIETZ GOODWILER REV TR, CARL F DAVID J LIETZ GOODWILER REV TR, CARL F 8 Dunlap Hollow Road Feet Petition Robert Suter

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21 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Zoning Amendment: A-1 Agriculture to LC-1 Limited Commercial Acres: 1.0 Survey Req. No Applicant Reason: Amend the zoning district to allow a commercial building for Indoor Storage of Business Products Petition: DCPREZ Town/sect: Middleton, Section 32 Shawn Quinn Location: West of 3230 Meadow Road Description: The petitioner would like to construct a 36 x 56 pole shed in order to house his business office and an area for the storage of product. Eventually, the petitioner will construct a single-family residence on the property. Observations: The property is currently zoned A-1, which does not permit business uses. The LC-1 Zoning District will allow a building for indoor business operations as well as residence for the owner of the business. No sensitive environmental features observed. The property just south of Mid-town Road is used for an indoor storage facility of recreational vehicles under a conditional use permit. Town Plan: The Town Plan identifies this area as Residential and is part of the Town Ordinance Transition Area. The Residential area allows for mixed-use development such as a residence, offices, and small-scale warehousing on a single property. Staff: The proposal meets the dimensional standards of the zoning district. Note: A conditional use permit will be needed in order to construct a single-family residence for the owner of the business. Town: Approved conditioned upon the property being deed restricted on employees, outdoor storage product and equipment. ZLR Committee Action: County Board Action:

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27 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Zoning Amendment: A-1EX Agriculture to RH-1 Rural Homes Acres: 2.0 Survey Req. Yes Applicant Reason: Separation of an existing residence from the farmland Petition: DCPREZ Town/sect: Montrose, Section 36 Larry Donahue Location: 268 County Highway DD Description: The petitioner would like to separate the original farmhouse from the 347-acre farm. The existing farmhouse has been removed and will be replaced with a new single-family residence for their daughter. Observations: Portions of the proposed 2-acre parcel consists of Class II soils. No other sensitive environmental features observed. Town Plan: The proposal is located in the Agricultural Preservation Area. The removal of the existing farm residence and the creation of a separate lot will count as a housing density right under the Town of Montrose housing right policies. Staff: The proposal meets the dimensional standards of the zoning district. Note: In order for the existing shed to house livestock, the property line will need to be positioned at least 50 feet away from the existing shed. The RH-1 Zoning allows for one animal unit per full acre. Town: Approved with no conditions. ZLR Committee Action: County Board Action:

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33 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Petition: DCPREZ Zoning Amendment: A-1EX Agriculture to RH-1 Rural Town/sect: Verona, Section 4 Homes and RH-1 Rural Homes to A- 1EX Agriculture Acres: 3.8,.6 Survey Req. Yes Applicant Melissa Wee Reason: Separation of an existing Location: residence from a larger parcel 3010 Shady Oak Lane Description: The petitioner would like to separate their existing residence from the 40-acre parcel. The petition reconfigures an existing postage stamp zoning boundary to the proposed survey map boundaries. Observations: There is rolling topography across the 40 acres. Several small ponds are located on the northern portion of the property. The property is wooded. No other sensitive environmental features observed. Note: The boundary configuration shows that the property line will bisect the tennis court. See attached. Town Plan: The Town Plan designates this area as an Urban Residential planning area. The housing density is set at 6 dwelling units per acre. New parcels are limited through site design criteria and City of Madison ETJ authority. The property is located within the Ice Age National Scenic Trail Corridor. Staff: The proposal meets the dimensional standards of the zoning district. Note: The remaining property must be at least 35 acres in order to comply with A-1 Exclusive Agriculture minimum zoning district requirements. The proposed property line should be adjusted to include the tennis court as part of the residential lot. Town: Approved with no conditions. The CSM boundaries were revised to exclude the tennis courts. ZLR Committee Action: County Board Action:

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35 SURVEYOR'S CERTIFICATE State of Wisconsin ) Counfy ofdane ) SS cestlfteo SASV r nap I, Thom R. Grenlie, hereby certify that this survey is in compliance with Chapter of Wisconsin Stafutes. I also certify that I have suweyed and mapped the lands described hereon and that the map is a correct representatron ofall exterior boundaries ofthe land surveyed and the divisron ofthat land rvith the information provided. R. Grenlie Nopr* o t/ C-, --) 7, *Ei; lo"" $+ sl il (\J ( 'r - '.,Ni*l'" \ '3 \"'i \, +" Ir 'g* i, nl'.7i'ratsc.lrrp i, '--*-'\----', -LI I \ \ I?'X*,N. SURVEYEDFOR: MELISSA WLEIKEN KERYLUK A4A_2741 LEGEND """:-43eo:,:?.s-&_! - 3o1o shady oak LANE, vew '' ''r il iri*5= inctr= /oo too ft. DESCRIPTION-LOCATION: lxr wesr 1/2' swl/4' s f" l,nifo,rna -- 1, T6N, R8E, TowN of verona, DANE county' ^/I "x24" iron pipe set ' Q Inin. wt.=i.i3#/in ft. APPROVED FOR RECORDING PER DANE county ZoNING & LAND RrG. co'rm. acrionof SURVEYED T6 EH DMWN ETE REGISTER OF DEEDS CERTIFICATE APPROVED Received for recording this day of FIELD BOOK ----FeV, DNIE 8-1-ll zbe,r renrs,cr-, o'clock.m and TAPEIFILE recorded in Volume of Certified Survey Maps of Dane County on Page OFFICE MAP NO. Register of Deeds DOCLMENT # CERTIFIED SURVEY MAP # Vol. Page

36 DREGER LIVING TR, GUY J & LAURA S 20 RH KURT G ARENZ LLOYD F BITZER R-1A DALE R BIGLER DREGER LIVING TR, GUY J & LAURA S DONALD J KALSCHEUR DAVID A PENWELL 5.48 RH DIANE R KAMMER 14 RH DAVID A SCHUTZ A-1(EX) LLOYD F BITZER RH-1 KENDRICK LIVING TR, SUZANNE K JAMES J OWEN 7 Town of Verona KENNETH S KERYLUK CHARLES P DYKMAN 32.9 RH-1 RH-1 Shady Oak Lane GEOFFREY D BORMAN RH A-1(EX) MARTY LIVING TR, RUSSELL C & MARJORIE A GEOFFREY D BORMAN 5 A-2 DR CHARLES V HEATH COWLING REV TR, MARTHA G Feet Petition Melissa Wee

37 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Zoning Amendment: A-2 Agriculture to A-1EX Agriculture Acres: 76.7 Survey Req. No Applicant Reason: Amend zoning district to a certified agricultural preservation district Petition: DCPREZ Town/sect: Vienna, Section 15 Thomas Midthun Location: East ½ of the Southeast ¼ of Section 15 Description: The petitioner would like to amend the zoning on 76 acres of land to a zoning district that is certified by the Department of Agriculture, Trade, and Consumer Protection (DATCP) under the Agricultural Preservation Program. The change would allow the petitioner to receive tax credits under this program. Observations: The property was zoned to A-2 Agriculture in 1986 to allow a mineral extraction operation to occur. The area has been reclaimed and is now being used as productive farmland. Town Plan: The Town Plan designates this area as Agriculture. Staff: The A-1 Exclusive Zoning District is a certified zoning district under the Dane County Ag Preservation Program. Town: PENDING. ZLR Committee Action: County Board Action:

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41 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Petition: DCPREZ Zoning Amendment: RH-1 Rural Homes to RH-2 Rural Town/sect: Rutland, Section 23 Homes and A-1EX Agriculture to RH-2 Rural Homes Acres: 2.4, 1.9 Survey Req. Yes Applicant Brenda Vinje-Shields Reason: Separation of an existing Location: residence from the farmland 793 Hildreth Road Description: The petitioner would like to separate the existing farmhouse from the 40-acre farm. The farmland is intended to be sold to the adjacent landowner. Observations: The original farmhouse was placed in this location in the 1930 s. There is an existing 25-foot strip of land used to access the site. The petitioner was unable to purchase additional lands from the neighboring properties to provide for a 66-foot drive access. No sensitive environmental features observed. Town Plan: The property is located in the Agricultural Preservation District. The housing density rights will be exhausted for this area with the creation of the residential lot. Staff: The proposal meets the dimensional standards of the zoning district. A waiver has been granted by the ZLR Committee for the 25-foot of frontage and drive access along Hildreth Road. Note: If approved, Staff suggests that a deed restriction be placed on the remaining A-1Exclusive lands to prohibit residential housing due to the housing density rights being exhausted. Town: Approved with no conditions. ZLR Committee Action: County Board Action:

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45 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Zoning Amendment: A-1EX Agricultural to LC-1 Limited Commercial Acres: 4.6 Survey Req. No Applicant Reason: Allow a building for an indoor commercial business (Metal Work) and a Single Family Residence for a Caretaker or Owner of the Business Petition: DCPREZ DCPCUP Town/sect: Dane, Section 13 Sarah Marie Reppen Location: 7429 Clemens Road Description: The petitioner would like to construct a 2400 square foot building to operate a family owned and operated light manufacturing company. A Conditional Use permit will be needed to facilitate a light manufacturing facility and for an owner s residence in the proposed LC-1 Zoning District. Observations: There is an existing residence on the property. The property has rolling topography with some areas in excess of 12%. The lot is fully wooded. No other sensitive environmental features observed. There is a small cluster of homes in the area, each of which, are located approximately 400 feet from the proposed building site. Town Plan: The property is located in the Agricultural Preservation Planning District. The plan promotes homebased businesses and professional services in the town to supplement household income, particularly for farm families. There will be no increase in residential density. Staff: The property meets the dimensional standards of the proposed zoning district. Due to the potential noise associated with the light manufacturing, staff is suggesting the attached conditions, if approved. Town: Approved with no conditions. ZLR Committee Action: County Board Action:

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53 Staff Report Zoning and Land Regulation Committee Public Hearing: October 25, 2011 Zoning Amendment: A-1EX Agriculture to C-2 Commercial Acres: 4.2 Survey Req. Yes Applicant Reason: Creation of a commercial lot Petition: DCPREZ Town/sect: Springfield, Section 35 Marie L Ziegler Trust Location: West of 6814 Schneider Road Description: The petitioner would like to expand an existing commercial boundary and create a separate legal parcel to facilitate the construction of multiple-lease contractor space buildings and a mini-warehouse complex. Observations: The zoning boundary was established in 1973 for the Middleton Farmer s Coop in order to place a bulk plant on the property. The C-2 zoning boundary was expanded to adjacent neighboring properties in order to acquired additional lands necessary for the proposed use. The bulk plant was never constructed. A 2.7-acre portion of the Zeigler Farm was rezoned to C-2 as part of the 1973 petition. There is a 0.5-acre wetland in the current C-2 zoned area. The proposed expansion area is a field that is currently cropped. A majority of the area consists of Class II soils. The northerly portion of the area contains slopes in excess of 12%. The surrounding uses are cropland to the north and west; a contractor building to the east; and a church to the south. Town Plan: The property is located within the Agricultural Preservation District. The Town Plan only allows such commercial and institutional uses that are beneficial to agricultural production. See attached excerpt from the Town Plan. Staff: Staff has suggested that the petitioner create a list to limit the uses for the area. The proposed site plan does not appear to match the existing topography of the site. Note: A storm water management plan will be needed prior to the approval of the Certified Survey Map. Town: Approved with conditions. The Town has determined that the proposal meets the Town Criteria for a Commercial use in the Agricultural Preservation District. The site design will be controlled by the Town s design review ordinances. The Town is requiring that the land uses be limited through the prepared deed restriction, see attached. ZLR Committee Action: County Board Action:

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70 A-1(EX) (/ 12 Town of Springfield C-2 Schneider Road R-1A City of Middleton A-1(EX) A-1(EX) CUP 1599 A-2(8) (/ 12 Springton Drive Springton Court Town of Middleton Highwood Circle A-1 A-1 A Feet Legend Slopes > 12% Significant Soils Class Class 1 Class 2 Petition Ziegler

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