Dane County

Minutes - Final Unless Amended by

Committee

Zoning & Land Regulation Committee

Consider:

Who benefits? Who is burdened?

Who does not have a voice at the table?

How can policymakers mitigate unintended consequences?

Tuesday, July 25, 2023

6:30 PM

Hybrid Meeting: Attend in person at the City County

Building in Room 354; or Attend virtually via Zoom.

A. Call to Order

Chair DOOLAN called the July 25, 2023 Zoning and Land Regulation Committee

meeting to order at 6:30 PM.

Staff present: Violante, Allan, Holloway and Everson

4 - JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, and MELISSA RATCLIFF

Present

Excused

1 - KATE MCGINNITY

B. Public comment for any item not listed on the agenda

No comments made by the public.

July 25, 2023 ZLR Registrants

2023

RPT-206

Attachments: July 25th Registrations

C. Consideration of Minutes

4 - JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, and MELISSA RATCLIFF

Present

1 - KATE MCGINNITY

Excused

June 27, 2023 ZLR Committee Meeting Minutes

2023

MIN-170

Attachments: 6-27-23 ZLR Public Hearing Minutes

A motion was made by BOLLIG, seconded by RATCLIFF, that the June 27, 2023

ZLR Committee minutes be approved. The motion carried by the following vote:

4-0.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and

Ordinance Amendments

11957

PETITION: REZONE 11957

APPLICANT: GLAUS PROPERTIES LLC

LOCATION: 6942 COUNTY HWY KP, SECTION 21, TOWN OF

ROXBURY

CHANGE FROM: FP-35 Farmland Preservation District TO FP-B

Farmland Preservation Business District

REASON: zoning to allow agriculture-related business use

Attachments: 11957 Ord Amend

In support: Jeff and Tim Glaus

Opposed: None

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

be recommended for approval. The motion carried by the following vote: 4-0.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

11958

PETITION: REZONE 11958

APPLICANT: ARTHUR POST

LOCATION: SOUTH OF 1573 STATE HWY 78, SECTION 3, TOWN OF

PERRY

CHANGE FROM: FP-35 Farmland Preservation District TO RR-8 Rural

Residential District

REASON: creating one residential lot

Attachments: 11958 Ord Amend

In support: Duane Iverson, Arthur Post

Opposed: None

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

for FP-1 and RR-2 zoning be recommended for approval with conditions. The

motion carried by the following vote: 4-0.

1. A deed restriction shall be recorded on tax parcels 0506-032-9120-7 and

0506-032-8540-1 stating the following:

a. Further residential/nonfarm development is prohibited on the remaining FP-35

zoned land. The housing density rights for the original farm have been

exhausted per the Town Comprehensive Plan density policies.

2. Applicant shall record a shared driveway maintenance agreement with the

Dane County Register of Deeds for the shared driveway.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

11959

PETITION: REZONE 11959

APPLICANT: JAMES O. NOTSTAD LIVING TRUST

LOCATION: EAST OF NOTSTAD ROAD, SECTION 28, TOWN OF

CHRISTIANA

CHANGE FROM: FP-35 Farmland Preservation District TO RR-4 Rural

Residential District

REASON: creating one residential lot

Attachments: 11959 Ord Amend

In support: Jim Notstad, Patricia Nemec

Opposed: None

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

be recommended for approval. The motion carried by the following vote: 4-0.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

11960

PETITION: REZONE 11960

APPLICANT: DUANE P & CANDACE J SWALHEIM 2011 REV TRUST

LOCATION: NORTH OF 3436 N STAR ROAD, SECTION 27, TOWN OF

COTTAGE GROVE

CHANGE FROM: FP-1 Farmland Preservation District TO GC General

Commercial District, FP-1 Farmland Preservation District TO UTR Utility,

Transportation and ROW District

REASON: zoning for a commercial business park development

Attachments: 11960 Ord Amend

11960 Staff Report

11960 Town Action

11960 LWRD Stormwater approval

11960 MAP

11960 APP

In support: Duane Swalheim

Opposed: None

A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition

be recommended for approval with conditions. The motion carried by the

following vote: 4-0.

1. A deed restriction shall be recorded on the lot stating the following:

a. Land uses on the property shall be limited exclusively to the following

permitted uses:

i. Agricultural uses (livestock not permitted)

ii. Agricultural accessory uses (livestock not permitted)

iii. Contractor, landscaping or building trade operations

iv. Governmental, institutional, religious, or nonprofit community uses

v. Indoor sales

vi. Indoor storage and repair

vii. Light industrial

viii. Office uses

ix. Personal or professional service

x. A transportation, utility, communication, or other use that is:

1. Required under state or federal law to be located in a specific place,

or;

2. Is authorized to be located in a specific place under a state or

federal law that specifically preempts the requirement of a conditional

use permit.

xi. Undeveloped natural resource and open space areas

xii. Utility services associated with, and accessory to, a permitted or

conditional use

xiii. Veterinary clinics

b. Land uses on the property shall be limited exclusively to the following

conditional uses:

i. Communication towers

ii. Outdoor Storage

iii. Transportation, communications, pipeline, electric transmission, utility,

or drainage uses, not listed as a permitted use above

iv. Vehicle repair or maintenance service

c. Residential and associated accessory uses are prohibited.

2. The applicant shall submit a preliminary plat and final plat for the proposed

lots to Dane County for review and approval, and shall record the final plat with

the Dane County Register of Deeds.

3. The rezone will not become effective until a final plat and developer’s

agreement are approved and fully executed by the Town of Cottage Grove.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

11961

PETITION: REZONE 11961

APPLICANT: UNDER THE OAK TREES LLC

LOCATION: 3136 OAK ST, SECTION 4, TOWN OF PLEASANT

SPRINGS

CHANGE FROM: RR-4 Rural Residential District TO GC General

Commercial District

REASON: zoning to allow for institutional residential use

Attachments: 11961 Staff Report

11961 Deed Restriction - Under the Oak Trees LLC - DRAFT 06-29-23

11961 RR-4 District Fact Sheet

11961 GC District Fact Sheet

11961 MAP

11961 APP

11961 Dane Co Sherrif Letter of Support

In support: Dan O'Callaghan, Marlene Sorenson, Kenton Sorenson, Jennifer Rettig, Diana

Graham, Travis Dettinger

Opposed: None

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

be postponed due to no town action. The motion carried by the following vote:

4-0.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

02598

PETITION: CUP 02598

APPLICANT: UNDER THE OAK TREES LLC

LOCATION: 3136 OAK STREET, SECTION 4, TOWN OF PLEASANT

SPRINGS

CUP DESCRIPTION: institutional residential and associated accessory

uses

Attachments: CUP 2598 Staff Report

CUP 2598 ADDENDUM 7-5-23

CUP 2598 Site Plans 5-17-23 full size

CUP 2598 MAP

CUP 2598 APP rev

In support: Dan O'Callaghan, Marlene Sorenson, Kenton Sorenson, Jennifer Rettig, Diana

Graham, Travis Dettinger

Opposed: None

A motion was made by RATCLIFF, seconded by BOLLIG, that the Conditional Use

Permit be postponed due to no town action. The motion carried by the following

vote: 4-0.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

11962

PETITION: REZONE 11962

APPLICANT: MOUNT VERNON HILLS II LLC

LOCATION: LANDS WEST OF COUNTY HWY G AND NORTH OF DAVIS

STREET, SECTION 34, TOWN OF SPRINGDALE

CHANGE FROM: AT-35 Agriculture Transition District TO SFR-1 Single

Family Residential District, AT-35 Agriculture Transition District TO SFR-2

Single Family Residential District

REASON: create 7 residential lots and 1 residential spot zone

Attachments: 11962 Staff Report

In Support: Ronald Klaas

Opposed: None

Neither in Support nor Opposed: Alice Allen

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

be postponed to allow for additional review of the access issues by the Highway

Department. The motion carried by the following vote: 4-0.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

11963

PETITION: REZONE 11963

APPLICANT: ROBERT W BOVY

LOCATION: 7648 COUNTY HWY PD, SECTION 8, TOWN OF VERONA

CHANGE FROM: RR-4 Rural Residential District TO RR-8 Rural

Residential District, AT-35 Agriculture Transition District TO RR-8 Rural

Residential District

REASON: expand the size of an existing residential lot

Attachments: 11963 Ord Amend

11963 Staff Report

11963 Town Action

11963 Bovy Access Easement Exhibit

11963 VERONA MAP

11963 APP

In support: Robert Bovy, Nathan Lockwood

Opposed: None

A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition

for RM-8 zoning be recommended for approval with one condition. The motion

carried by the following vote: 4-0.

1. Applicant shall prepare and record a new access easement agreement with

the Dane County Register of Deeds.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

11964

PETITION: REZONE 11964

APPLICANT: DUANE P & CANDACE J SWALHEIM 2011 REV TRUST

LOCATION: NORTH OF 3436 N. STAR ROAD, SECTION 27, TOWN OF

COTTAGE GROVE

CHANGE FROM: GC General Commercial District TO GC General

Commercial District

REASON: amend existing deed restriction to allow outdoor storage as a

conditional use

Attachments: 11964 Ord Amend

In support: Amy Miles

Opposed: None

A motion was made by RATCLIFF, seconded by BOLLIG, that the Zoning Petition

be recommended for approval with conditions. The motion carried by the

following vote: 4-0.

The existing deed restriction shall be terminated, and a new deed restriction

shall be recorded on the lot stating the following:

1. Uses of the GC zoned property are limited exclusively to the following:

a. Contractor, landscaping or building trade operations

b. Undeveloped natural resource and open space areas

c. Governmental, institutional, religious, or nonprofit community uses

d. Light industrial

e. Office uses

f. Indoor sales

g. Indoor storage and repair

h. Personal or professional service

i. A transportation, utility, communication, or other use required by law

j. Utility services associated with a permitted use

k. Veterinary clinics

l. Agriculture and accessory uses (livestock not permitted)

2. Land uses on the property shall be limited exclusively to the following

conditional uses:

a. Outdoor Storage

3. Residential use or related use of the property is prohibited.

4. Evidence of compliance with Dane County stormwater management

regulations shall be required prior to development, including arrangements for

ongoing maintenance of the regional stormwater facilities.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

02599

PETITION: CUP 02599 -- WITHDRAWN

APPLICANT: DAN AND MARLENE LA FLEUR

LOCATION: 3440 MEADOW ROAD, SECTION 32, TOWN OF

MIDDLETON

CUP DESCRIPTION: small-animal boarding facility

Attachments: CUP 2599 Town Action

CUP 2599 Staff Report

CUP 2599 Site and Parking Plan

CUP 2599 Interior Floor Plan

CUP 2599 MIDDLETON MAP

CUP 2599 APP

CUP 2599 Pubic comment - opposition

CUP 2599 Pubic comment - Smarrella Ogden opposition

Assistant Zoning Administrator Rachel Holloway informed the Committee that the

applicants have withdrawn CUP petition #2599 for dog boarding.

E. Zoning Map Amendments and Conditional Use Permits from previous meetings

11946

PETITION: REZONE 11946

APPLICANT: MATTHEW L LEWKE

LOCATION: 42 MULLER ROAD, SECTION 12, TOWN OF YORK

CHANGE FROM: FP-35 Farmland Preservation District TO FP-1

Farmland Preservation District, FP-35 Farmland Preservation District TO

RR-2 Rural Residential District

REASON: creating two residential lots (one for an existing residence) and

one agricultural lot

Attachments: 11946 Ord Amend

In support: Alysen Tierney, Matt Lewke

A motion was made by BOLLIG, seconded by RATCLIFF, that the Zoning Petition

be recommended for approval with conditions. The motion carried by the

following vote: 4-0.

1. The existing septic system shall be identified on the final recorded CSM.

2. A deed restriction shall be recorded on tax parcels 091212490000 and

091212495005 stating the following:

a. Further residential/nonfarm development is prohibited on the remaining

FP-35 zoned land. The housing density rights for the former Elmer Henning

farm have been exhausted per the Town Comprehensive Plan density

policies.

3. A deed restriction shall be recorded on the proposed FP-1 lots stating the

following:

a. The FP-1 lots (Lots 2 and 3) are limited to 1 animal unit per acre unless a

conditional use permit is obtained.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

F. Plats and Certified Survey Maps

2023 LD-002

Final Plat - Evan's Crossing

Town of Middleton

Consideration of the September 10, 2022 conditional approval and

execution of the plat document pursuant to established committee policy.

Staff recommends the chairperson to sign and date the final plat and

proceed with recording.

Attachments: conditional approval

220912_Final Plat (08-17-22)

planning

map

A motion was made by RATCLIFF, seconded by BOLLIG, that the final plat be

approved and signed by the Chair. The motion carried by the following vote: 4-0.

4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF

1 - MCGINNITY

Ayes:

Excused:

G. Resolutions

H. Ordinance Amendment

I. Items Requiring Committee Action

J. Reports to Committee

K. Other Business Authorized by Law

L. Adjourn

A motion was made by BOLLIG, seconded by RATCLIFF, to adjourn the meeting

at 7:37pm. The motion carried unanimously.