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, March 14, 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 meeting of the ZLR Committee to order at 6:30pm in  
Room 354 of the City-County Building.  
McGinnity attended via Zoom.  
Staff present: Allan, Everson, Frick, Holloway, Lane, Standing, and Violante  
5 -  
Present  
JERRY BOLLIG, MICHELE DOOLAN, TIM KIEFER, KATE MCGINNITY, and  
MELISSA RATCLIFF  
B. Public comment for any item not listed on the agenda  
No comments made by the public.  
March 14th ZLR meeting registrants  
C. Consideration of Minutes  
Minutes of the February 28, 2023 Zoning and Land Regulation Committee  
meeting  
A motion was made by BOLLIG, seconded by RATCLIFF, to approve the minutes  
of the February 28, 2023 Zoning and Land Regulation Committee meeting. The  
motion carried by a voice vote.  
D. Public Hearing for Zoning Map Amendments, Conditional Use Permits, and  
Ordinance Amendments  
E. Zoning Map Amendments and Conditional Use Permits from previous meetings  
PETITION: CUP 02582  
APPLICANT: K&D STONE LLC  
LOCATION: WEST OF 430 CENTER ROAD, SECTION 28, TOWN OF  
RUTLAND  
CUP DESCRIPTION: expansion of an existing non-metallic mineral  
extraction operation  
A motion was made by BOLLIG, seconded by RATCLIFF, to approve Conditional  
Use Permit #2582 with conditions in accordance with the findings of fact and  
being found to meet the 8 standards of obtaining a conditional use permit. The  
motion carried by the following vote: 4-0-1 (McGinnity)  
1) The physical development and operation of the conditional use must conform,  
in all respects, to the approved site plan, operational plan, phasing plan, and  
following conditions.  
2) New and existing buildings proposed to house a conditional use must be  
constructed and maintained to meet the current requirements of the applicable  
sections of the Wisconsin Commercial Building Code or Uniform Dwelling Code.  
3) The applicant shall apply for, receive and maintain all other legally required  
and applicable local, county, state and federal permits. Copies of approved  
permits or other evidence of compliance will be provided to the zoning  
administrator upon request.  
4) Any ongoing business operation must obtain and continue to meet all legally  
required and applicable local, county, state and federal licensing requirements.  
Copies of approved licenses or other evidence of compliance will be provided to  
the zoning administrator upon request.  
5) Existing onsite wastewater sewage disposal systems, if any, serving the  
conditional use must be inspected by a licensed plumber to determine its  
suitability for the proposed or expanded use. Deficient systems must be brought,  
at the owner’s expense, into full compliance with the current requirements for  
new development of the state plumbing code and Chapter 46, Dane County  
Code.  
6) All vehicles and equipment must access the site only at approved locations  
identified in the site plan and operations plan.  
7) Off-street parking must be provided, consistent with s. 10.102(8).  
8) If the Dane County Highway, Transportation and Public Works Department or  
the town engineer determine that road intersection improvements are necessary  
to safely accommodate the conditional use, the cost of such improvements shall  
be born by the landowner. Costs born by the landowner shall be proportional to  
the incremental increase in traffic associated with the proposed conditional use.  
9) 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. Zoning staff conducting  
inspections or investigations will comply with any applicable workplace safety  
rules or standards for the site.  
10) The owner must post, in a prominent public place and in a form approved by  
the zoning administrator, a placard with the approved Conditional Use Permit  
number, the nature of the operation, name and contact information for the  
operator, and contact information for the Dane County Zoning Division.  
11) The owner or operator must keep a copy of the conditional use permit,  
including the list of all conditions, on the site, available for inspection to the  
public during business hours.  
12) Failure to comply with any imposed conditions, or to pay reasonable county  
costs of investigation or enforcement of sustained violations, may be grounds for  
revocation of the conditional use permit. The holder of a conditional use permit  
shall be given a reasonable opportunity to correct any violations prior to  
revocation.  
13) Topsoil, or appropriate topsoil substitute as approved in a reclamation plan  
under Chapter74, Dane County Code, from the area of operation shall be saved  
and stored on site for reclamation of the area. Topsoil or approved topsoil  
substitute must be returned to the top layer of fill resulting from reclamation.  
14) The applicant shall submit an erosion control plan under Chapter 14, Dane  
County Code covering the entire CUP area for the duration of operations, and  
receive approval of an erosion control permit prior to commencing extraction  
operations.  
15) The permit period shall be fifteen (15) years from effective date.  
16) Reclamation shall meet all requirements of Chapter 74 of the Dane County  
Code of Ordinances. In addition, all reclamation plans must meet the following  
standards:  
a) Final land uses after reclamation must be consistent with any applicable town  
comprehensive plan, the Dane County Comprehensive Plan and the Dane County  
Farmland Preservation Plan.  
b) Final slopes shall not be graded more than 3:1 except in a quarry operation.  
c) The area shall be covered with topsoil and seeded to prevent erosion.  
d) The area shall be cleared of all debris and left in a workmanlike condition  
subject to the approval of Dane County  
e) Highwalls shall be free from falling debris, be benched at the top, and certified  
by a civil engineer to be stable.  
17) The driveway accessing the subject site shall either be paved or covered with  
crushed asphalt for a minimum distance of 100 feet from the public right-of-way.  
The operator shall maintain the driveway in a dust free manner in accordance  
with local, state, and federal regulations, and shall clean any dust or mud  
tracked onto public roads.  
18) The access to the driveway shall have gates securely locked when the  
extraction site is not in operation. The site shall be signed “no trespassing.”  
19) All surface and subsurface operations shall be setback a minimum of 20’ from  
property lines that do not abut a public right of way. Operations along the  
southern portion of the property shall adhere to the conditional use permit  
boundary (200-300 feet) as shown on the operation plan.  
20) Excavations below the grade abutting Center Road shall be setback 30 feet  
from the property line.  
21) Hours of operation shall be 7:00 a.m. to 7:00 p.m. Monday through Friday, and  
8:00 a.m. to 1:00 p.m. on Saturday. Hours for warm-up are 6:30 a.m. to 7:00 a.m.  
Monday through Friday, and 7:30 a.m. to 8:00 a.m. on Saturdays. Only  
maintenance of equipment (no blasting, crushing, trucking, stockpiling, etc.) is  
allowed on Sundays. There shall be no operations of any kind on holidays.  
Holidays are to include: New Year’s Eve, New Year’s Day, Easter, Memorial Day,  
Independence Day, Labor Day, Thanksgiving, Christmas Eve, and Christmas.  
22) There shall be a safety fence around the entire extraction area at all times.  
That safety fence shall be a minimum of 4 feet in height.  
23) Any water pumped off-site shall be in accordance with Wisconsin DNR  
Stormwater Discharge Permit WI-A046515-06. There shall be no dewatering of  
groundwater from the site for operations below the watertable.  
24) The operator shall require all trucks and excavation equipment to have  
muffler systems that meet or exceed then current industry standards for noise  
abatement.  
25) The operator shall meet DNR standards for particulate emissions as described  
in NR 415.075 and NR 415.076, Wisconsin Administrative Code.  
26) Dane County and the Town shall be listed as additional named insureds on  
the operator’s liability insurance policy, which shall be for a minimum of  
$1,000,000 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.  
27) Blasting:  
a) Blasting shall limited to 10:00 a.m. to 4:00 p.m. Monday through Friday.  
b) Notice of Blasting Events. Prior to any blasting event, notice shall be provided  
to nearby residents as described in SPS 307, Wisconsin Administrative Code. In  
addition, the operator shall maintain a list of residents within ½ mile of the site  
who wish to be notified of blasts. Residents need to communicate with operator  
regarding such requests.  
c) All blasting on the site must conform to all requirements of SPS 307, Wisconsin  
Administrative Code, as amended from time to time, or its successor  
administrative code regulations.  
d) Fly rock shall be contained within the permitted mineral extraction area.  
28) Any fuel storage on-site shall comply with ATCP 93, Wisconsin Administrative  
Code, including provisions for secondary spill containment. All excavation  
equipment and vehicles shall be fueled, stored, serviced, and repaired on lands  
at least 3 feet above the highest water table elevation to prevent against  
groundwater contamination from leaks or spills.  
29) In the event that a mineral extraction operation will destroy an existing  
Public Land Survey Monument, witness monuments must be established in safe  
locations and a new Monument Record filed by a Professional Surveyor, prior to  
excavation and disturbance of the existing monument.  
30) This CUP is limited to K&D Stone only. CUP#2582 is non-transferrable to a  
different operator.  
31) Berms and landscaping shall be established and maintained. A permanent  
8-foot minimum berm shall be located along Center Road. The berm shall be  
planted with an EVERGREEN Tree (min 4’ B&B) every 50 feet. Other operational  
berms shall be 8 feet tall as needed with 3:1 SIDE SLOPES.  
32) Noise Limitation shall not exceed 75 decibels at a point 100 feet away from  
the property line. The decibel level shall be measured in DbA for average over a  
15-minute period.  
33) The maximum number of driveways shall be limited to one. The northerly  
driveway shall be removed within 2 years of the date of the conditional use  
permit and the site will utilize the southerly driveway as shown in the operations  
plan.  
34) Back-up alarms - The on-site traffic flow shall be designated to establish  
minimal backing up of vehicular traffic during normal work operations Whenever  
possible, the operator shall utilize alternatives to standard back-up beeps, for  
instance, those making a sweeping sound if approved by MSHA.  
35) A 2’x4’ sign shall be placed at the exiting point of the site stating, “All loads  
are required to be tarped prior to leaving the site.”  
36) A 2’x4’ sign shall be placed at the entrance point of the site stating, “Speed  
limit 15 mph.”  
37) Engine breaking is prohibited for all vehicles either entering, leaving or  
driving on-site.  
4 - BOLLIG,DOOLAN,KIEFERandRATCLIFF  
1 - MCGINNITY  
Ayes:  
Abstain:  
PETITION: CUP 02583  
APPLICANT: ARIF M KHAN & SADIA ARIF  
LOCATION: 3486 COUNTY ROAD MN, SECTION 2, TOWN OF DUNN  
CUP DESCRIPTION: 174' monopole communication tower  
A motion was made by MCGINNITY, seconded by RATCLIFF, to postpone action  
on the Conditional Use Permit until March 28th due to no Town Action. The  
motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
F. Plats and Certified Survey Maps  
Final Plat - Glacier's Trail  
Town of Middleton  
Staff recommends conditional approval  
A motion was made by RATCLIFF, seconded by BOLLIG, to approve the final plat  
for Glacier's Trail Subdivision Plan with conditions. The motion carried by the  
following vote: 5-0.  
1) The document is to be completed in accordance with S.236.34, Wisconsin  
State Statutes.  
2) Compliance with the Dane County Comprehensive Plan is to be established.  
3) All public land dedications are to be clearly designated “dedicated to the  
public.”  
a) All roads are shown as being dedicated.  
b) Outlots 1, 2, and 5 are reserved for private open space.  
4) Utility easements are to be provided.  
a) Easements across lots or along rear or side lot lines shall be provided for  
utilities where necessary, shall be at least 6 feet wide on each side of lot lines.  
b) Outlots 3 and 4 are reserved for private open space and are subject to Public  
Stormwater Management/Drainage Easements over their entirety. The Glacier's  
Trail Homeowners Association is responsible for maintaining the Stormwater  
Management Facilities.  
c) Outlots 1, 2, 3, 4, and 5 are to be owned by the Glacier's Trail Homeowners  
Association.  
d) Lots 8, 9, 10, 14, 17, and Outlots 3, 4, and 5 are subject to a Public Recreational  
Trail Easement to the Town of Middleton. The Town of Middleton, as owner of  
the Public Recreational Trail, shall generally have the right to improve, repair,  
maintain and allow public use of the Public Recreational Trail Easement as the  
Town from time to time determines. The Public Recreational Trail on Lots 8, 9,  
10, 14 and Outlots 3 and 4 shall be of bituminous construction.  
5) All street names shall be consistent with chapter 76 of the Dane County  
Ordinances.  
a) County Surveyor Dan Frick has approved the submitted road names for this  
plat.  
6) All owners of record are to be included in the owner’s certificate. Spouse’s  
signature and middle initials are required. A certificate of consent by all  
mortgagees/vendors shall be included and satisfied if relevant.  
County records indicate the following owners:  
a) ERIC E LARSON & NANCY M LARSON and ANDERSEN TR, JOHN R &  
JACQUELINE L  
7) East of proposed Lot 17 - Please update the reference to the adjacent platted  
lot as Lot 2 CSM 10312, not Lot 1.  
8). The location of the existing driveway shall be shown on proposed lot 1.  
9) The required approval certificates are to be executed.  
a) Town of Middleton  
b) Dane County Treasurer  
c) Dane County Zoning and Land Regulation Committee  
10) An approved erosion control permit and stormwater management permit  
shall be issued by the Dane County Land and Water Resources department prior  
to any land disturbance.  
11) The recordable document is to be submitted for review and approval once  
the conditions have been satisfied. The Dane County  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
G. Resolutions  
H. Ordinance Amendment  
I. Items Requiring Committee Action  
DISCUSSION OF THE APPROVAL OF CONDITIONAL USE PERMIT  
#2578 FOR A 195' SELF-SUPPORT COMMUNICATION TOWER  
LOCATED ON THE PROPERTY AT 1576 SPRING ROAD, SECTION 3,  
TOWN OF DUNKIRK WITH POSSIBLE MOTION TO RECONSIDER AT A  
FUTURE MEETING  
A motion was made by MCGINNITY, seconded by BOLLIG, to reconsider the  
approval of Conditional Use Permit #2578 at the April 25, 2023 Zoning and Land  
Regulation Committee meeting with just cause. The applicant failed to inform  
neighboring airports within 5 miles of the proposed communication tower  
installation as required under application requirements. The motion carried by  
the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
PRESENTATION ON RURAL CULTURAL RESOURCE PLANNING  
GUIDE PROJECT  
Senior Planner Brian Standing and Planning Assistant Aaron Levine informed  
the Committee about the proposed Cultural Planning Guide Project.  
CREATION OF CULTURAL RESOURCE PLANNING GUIDE  
SUBCOMMITTEE  
A motion was made by KIEFER, seconded by BOLLIG, to suspend the committee  
rules to allow the Planning and Development Director to speak during the role  
call vote. The motion carried by the following vote: 5-0.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
A motion was made by RATCLIFF, seconded by BOLLIG, to approve the creation  
of a ZLR Cultural Resource Planning Guide Subcommittee. The motion carried  
by the following vote: 5-0  
1) The Subcommittee shall consist of the following members:  
• A representative from the Ho-Chunk Nation  
• A representative with expertise in the cultural demographics of Dane County  
• A representative from the UW–Madison, Division of the Arts  
• A representative from the Dane County Historical Society  
• A representative from a town Plan Commission  
• A representative from Dane Arts  
2) Alternates may also be designated if primary members cannot attend all  
meetings. Subcommittee members will serve from March 15, 2023 through  
December 31, 2023.  
3) The Planning & Development Department will provide staff support to the  
committee.  
5 - BOLLIG,DOOLAN,KIEFER,MCGINNITYandRATCLIFF  
Ayes:  
J. Reports to Committee  
Road naming process in proposed subdivisions  
County Surveyor Dan Frick explained the road naming procedures to the  
Committee.  
Annual reclamation report for non-metallic mineral extraction operations  
Attachments: Spreadsheet  
Assistant Zoning Administrator Daniel Everson informed the Committee of the  
annual DNR reclamation report.  
ZLR Rules and Procedures review  
No discussion to place.  
K. Other Business Authorized by Law  
L. Adjourn  
A motion was made by RATCLIFF, seconded by BOLLIG, to adjourn the March 14,  
2023 Zoning and Land Regulation Committee at 8:08pm. The motion carried  
unanimously.  
Questions? Contact Planning and Development Staff, 266-4266, or plandev@countyofdane.com.