ZONING & LAND REGULATION COMMITTEE Dane County Board Of Supervisors MINUTES OF THE SEPTEMBER 12, 2006 WORK MEETING

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1 ZLR Committee Work Meeting Minutes Page 1 of 6 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 SEPTEMBER 12, 2006 WORK MEETING MEMBERS PRESENT: Hendrick, Jensen, Miles, Wendt OTHERS PRESENT: Conrad, Scribner, Violante I. CALL TO ORDER: Chairman Pertzborn called the meeting to order at 7:30 p.m. in room 310 of the City-County Building. II. III. APPROVAL OF MINUTES Motion by Wendt/Miles to approve the minutes of the 08/08/2006 and 08/22/2006 meeting(s)/hearing(s) of the Zoning & Land Regulation Committee; carried, 4-0. PUBLIC COMMENT None IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM THE AUGUST 22, 2006 PUBLIC HEARING 1. PETITION # 9564 BY RICHARD LYNCH to change the zoning from A-1 Agricultural to LC-1 Limited Commercial on property located at 6252 Rattman Road in part of the SW 1/4 NE 1/4 Section 3, Town of Burke. Town: Town recommended denial Motion by Jensen/Miles to recommend denial; carried, PETITION # 9568 BY LARRY & BARBARA LANGE LIVING TRUST to change the zoning from A-1 EX Exclusive Agricultural to RH-1 Rural Homes on property located Northeast of and across from 375 Drammen Valley Road in part of the NW 1/4 SE 1/4 Section 30, Town of Perry. Town: Town approved, with amendment Motion by Wendt/Jensen to recommend approval with the following amendment; carried, as amended, ) Amend the rezone boundary to reconfigure the lot. The size of the proposed rezone was not changed. IV. REZONE AND CONDITIONAL USE PERMIT APPLICATIONS FROM PREVIOUS MEETINGS a. Petition #9508/CUP #2012, Sean & Connie Timmens, Town of Perry, 05/23/2006. Town approved, with Motion by Jensen to recommend approval; failed for lack of second. Motion by Jensen/Miles to postpone and hold another public hearing and request another Town Board Action report; carried, 4-0. b. CUP #2014/Petition #9517, Michael Lorenz, Town of Vienna, 06/27/2006. Town approved, no Motion by Wendt/Miles to approve with the following conditions; carried, as conditioned, ) Not more than two trucks, semi tractors, or semi trailers which have a gross vehicle weight of more than 12,000 pounds are allowed. 2) No other commercial businesses or storage is allowed on the property. c. CUP #2020/Petition #9531, Donald & Connie Janisch, Town of Dunkirk, 06/27/2006. Town approved, with

2 ZLR Committee Work Meeting Minutes Page 2 of 6 Motion by Jensen/Wendt to approve with the following conditions; carried, as conditioned, ) The location and configuration of the buildings and driveway must generally conform to the map submitted by the Janisch s - allowing for some flexibility for the size and shape of the house at the location shown. 2) All details submitted on page three of Janisch s Conditional Use Application regarding: existing and proposed uses of the property are incorporated herein, including existing uses of neighbors properties; time schedule for development; reasons for the rezone/cup; Business details. These may be further limited by the following 3) The residential accessory building is 48 by 60 feet with an additional 12 by 24 foot loading dock area. The residential accessory building cannot exceed the size of the home and can only be built after or simultaneously with the home s construction. 4) The residential accessory building will be limited by allowing no more than 75 percent of it to be used for the limited family business. 5) Applicant will be limited to employees of only immediate family members living on the premises and one additional employee as per Chapter of Dane County Ordinances. 6) No physical expansion of the business may occur on this site. 7) The CUP allowing this limited family business expires on the sale of the property or on the sale of the business as an unrelated 3rd party as per Chapter of Dane County Ordinances. 8) The residential accessory building will be of comparable style and appearance as the horse barn. 9) Truck deliveries will be limited to no more than 52 deliveries per year all to be made within normal business hours. It s further understood that the deliveries may vary seasonally over the course of the year. 10) Normal business hours will be from 7:30 a.m. to 5:00 p.m. 11) Exterior lighting will be comparable to neighborhood farm residences. 12) Noise will be comparable to neighborhood noise levels. 13) Truck deliveries will be made in compliance with seasonal posted weight limits on town roads. 14) Business activity, including but not limited to storage of parts, supplies, equipment, machines and product, will be confined to within the residential accessory building except for normal trash bins for waste. 15) The sign at the mailbox will be no larger than two-by-two feet. 16) Owner shall comply with all applicable Town and Dane County ordinances, including sign ordinance requirements and comply with comments contained in Dane County composite report dated 6/27/06 regarding zoning issues, highway and transportation comments, and environmental health comments. d. Petition #9535, Terrance & Heidi Doyle, Town of Vermont, 07/25/2006. Town approved, no Motion by Wendt/Miles to recommend approval; carried, 4-0. e. Petition #9536, J. Robert & Jeanne Burull, Town of Pleasant Springs, 07/25/2006. Town recommended denial and the petition to be held in abeyance. Motion by Wendt/Miles to postpone; carried, 4-0. f. Petition #9544, Ramona Radtke, Town of Dunn, 07/25/2006. Town approved, no Motion by Miles/Wendt to recommend approval; carried, 4-0. g. Petition #9545, Keith & Carol Berglund Living Trust, Town of Verona and Town of Springdale, 07/25/2006. Town of Verona approved without conditions, Town of Springdale approved with Motion by Jensen/Wendt to recommend approval with the following condition; carried, as amended, ) Deed restrict the.2 acre property prohibiting division from the 2 acre parcel located in the Town of Verona.

3 ZLR Committee Work Meeting Minutes Page 3 of 6 h. Petition #9550, Reid & Sue Jorgenson, Town of Vermont, 07/25/2006. Town approved, no Motion by Wendt/Jensen to recommend approval with the following conditions, carried, as amended, ) Condition that within ninety (90) days of approval by Dane County, the applicant shall obtain a Preliminary Review Letter from the Dane County Land Conservation Division that indicates it is feasible to meet erosion control and stormwater standards on the site. 2) Condition that the Certified Survey May required within ninety (90) days of approval by Dane County as a conditional part of the rezone must indicate a proposed building envelope that minimizes tree removal and grading, to comply with requirements of the Town of Vermont Land Use Plan. i. Petition #9557, Tim & Tonya Vike, Town of Dunkirk, 07/25/2006. Town approved, no Motion by Wendt/Jensen to recommend approval with the following condition; carried, as amended, ) Deed restrict the balance of A-1 EX zoned land owned by the applicants prohibiting residential development (parcels ; ; ; ). V. PLATS 1. PRELIMINARY PLATS a. MIGRATION PATH ESTATES, Section 36, Town of Windsor. Motion by Jensen/Hendrick to delete conditions # 13 & 14 from the August 8, 2006 conditional approval; failed 2-2 with Miles and Wendt voting no. b. BLACK HAWK FIELDS, Section 18, Town of Roxbury. Motion by Wendt/Jensen to approve, subject to the following conditions: 1. Zoning Petition # 9563 is to become effective (publication in the Wisconsin State Journal). 2. The conditions, established with Zoning Petition # 9563, are to be fully satisfied. 3. Compliance with S.14.45, Dane County Code of Ordinances is to be established. 4. Compliance with S.14.46, Dane County Code of Ordinances is to be established. 5. Utility easements are to be provided. 6. All public land dedications are to be clearly designated dedicated to the public. 7. Town of Roxbury approval is to be obtained. 8. Village of Sauk City approval is to be obtained (extraterritorial jurisdiction). 9. The public park land appropriation requirement is to be satisfied prior to submitting the final plat for Dane County review (private park land does not satisfy this requirement). 10. All lot and outlots are to meet the minimum area and width requirements of the zoning districts that are applicable. 11. All references to Dane County Zoning and Natural Resources Committee are to be changed to Dane County Zoning and Land Regulation Committee. 12. Distances between existing structures and lot boundaries are to be specified. 13. A time certain for the removal of the existing structures is to be specified. 14. The Dane County Highway Department conditions of approval are to be satisfied. 15. Wisconsin Department of Transportation certification of non-objection is to be obtained. Motion carried 4-0. c. REVERE TRAILS, Section 33, Town of Windsor. Motion by Jensen/Wendt to accept the application and schedule for a future consideration pursuant to established Committee policy; carried 4-0. d. THE SPRINGS, Section 5, Town of Springfield.

4 ZLR Committee Work Meeting Minutes Page 4 of 6 Motion by Wendt/Jensen to accept the application and schedule for a future consideration pursuant to established Committee policy; carried FINAL PLATS a. PRAIRIE CENTER COMMERCIAL DEVELOPMENT, City of Sun Prairie. Staff recommends a certification of non-objection. Motion by Jensen/Wendt to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; carried 4-0. b. SECOND ADDITION TO OAK MEADOW, City of Fitchburg. Staff recommends a certification of non-objection. Motion by Miles/Jensen to certify the plat as non-objectionable with respect to the provisions of S (2)(b), Wisconsin Statutes; carried 4-0. c. WINDSOR GARDENS, Section 25, Town of Windsor. Motion by Wendt/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. A copy of the executed public improvement contract is to be submitted. 4. Financial surety is to be posted with the Town of Windsor 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 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. 5. Utility easements are to be provided. 6. All public land dedications are to be clearly designated dedicated to the public. 7. Town of Windsor approval is to be obtained. 8. City of Sun Prairie approval is to be obtained (extraterritorial jurisdiction). 9. The public park land appropriation requirement is to be satisfied (private park land does not satisfy this requirement). 10. All lots and outlots are to meet the minimum area and width requirements of the zoning districts that are applicable. 11. Street names, consistent with Chapter 76, Dane County Code of Ordinances, are to be assigned. Dane County Zoning Division approval is to be obtained. 12. The Chair of the Dane County Zoning and Land Regulation Committee is to be correctly identified as Richard D. Pertzborn. 13. If this plat does not include lands in the Town of Bristol, the Town of Bristol is to be deleted from the owners certificate. 14. The Dane County Highway Department conditions of approval are to be satisfied. 15. A notation is to be affixed to the document County Trunk Highway C is a controlled access highway pursuant to Chapter 79, Dane County Code of Ordinances." Motion carried 4-0.

5 ZLR Committee Work Meeting Minutes Page 5 of 6 d. BURNSONS RIDGE, Section 18, Town of Bristol. Motion by Wendt/Jensen to approve, subject to 12 Motion by Jensen/Miles to table consideration; carried 4-0. Motion by Miles/Wendt to remove from the table; carried 4-0. The initial motion was now before the Committee as follows: 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. A copy of the executed public improvement contract is to be submitted. 4. Financial surety is to be posted with the Town of Bristol in an amount sufficient to guarantee the completion of the required public improvements in accordance with 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. 5. Utility easements are to be provided. 6. All public land dedications are to be clearly designated dedicated to the public. 7. Town of Bristol approval is to be obtained. 8. City of Sun Prairie waiver of jurisdiction is to be obtained (extraterritorial jurisdiction). 9. The public park land appropriation requirement is to be satisfied (private park land does not satisfy this requirement). 10. All lots and outlots are to meet the minimum area and width requirements of the zoning districts that are applicable. 11. Street names, consistent with Chapter 76, Dane County Code of Ordinances, are to be assigned. Dane County Zoning Division approval is to be obtained. 12. The ownership of Outlots 1 & 2 is to be clarified as either public or private. Motion carried CERTIFIED SURVEY MAPS None VI. RESOLUTIONS a. RESOLUTION #309, , Amending the Dane County Farmland Preservation Plan by Adopting Amendment to the Town of Verona Comprehensive Plan. Motion by Wendt/Jensen to recommend approval; Motion by Jensen/Miles to table consideration of this item; carried, 4-0. Please see action after agenda item VIII. a. (Register of Deeds Fund Transfer Request) removing the item from the table. Motion by Jensen/Miles to postpone to schedule a meeting with the Town of Verona for September 28, 2006 at 8:00 p.m. at the Verona Town Hall; carried, 3-1. b. RESOLUTION #100, , Authorizing the Creation of a Committee to Study a Right of First Refusal for Mobile Home Parks and a Mobile Home Park Closing Notification Ordinance. Motion by Jensen/Wendt to recommend approval; carried, 4-0. c. RESOLUTION #101, , Acceptance of Contribution and Authorizing a Green Gas Station Initiative. Motion by Jensen/Wendt to recommend approval; carried, 4-0. VII. ORDINANCE AMENDMENTS a. ORDINANCE AMENDMENT #9, , Amending Chapter 10 of the Dane County Code of Ordinances, providing for bio-diesel manufacturing in the Agriculture Business Zoning district. Motion by Miles/Jensen to postpone; carried, 4-0. b. ORDINANCE AMENDMENT #10, , Amending Chapter 11 of the Dane County Code of Ordinances, regulating non-conforming lots in the Shoreland zone.

6 ZLR Committee Work Meeting Minutes Page 6 of 6 Motion by Wendt/Jensen to recommend denial; failed, 2-2. VIII. OTHER BUSINESS a. Register of Deeds Fund Transfer Request Microfilm Reader-Printers. Motion by Wendt/Jensen to approve; carried, 4-0. Motion by Wendt/Miles to remove agenda item VI. a. (Resolution #309, ) from the table; carried, 4-0. Please see action postponing consideration of this item under agenda item VI. a. (Resolution #309, ). b. Zoning Advisory Committee. Motion by Wendt/Jensen to create a Zoning Advisory Committee to include the Zoning and Land Regulation Committee, the Dane County Towns Association Executive Board and up to two additional Town officials; carried 4-0. IX. ADJOURN Motion by Wendt/Miles to adjourn at 9:05 p.m.; carried, 4-0. Peter Conrad, Recording Secretary MINUTES FILED WITH THE COUNTY CLERK: SEPTEMBER 15, 2006