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Public Hearing: March 19, 2013 Petition: Rezone 10538 Zoning Amendment: RH-2 Rural Homes District to RH-1 Rural Homes District
Town/sect:
Sun Prairie Section 22
Acres:5.129 Survey Req. Yes
Applicant
John W Fiumefreddo
Staff Report
Zoning and Land Regulation Committee Reason:
Creating two residential lots
Location:
5386 Town Hall Drive
DESCRIPTION: The petitioner would like to divide an existing residential lot into two lots. OBSERVATIONS: There is an existing house and outbuildings on the property. The property consists entirely of Class II soils. TOWN PLAN: The Town Plan allows for a 1.2% residential growth as part of Their Farmland Preservation Policy. This equals to 11 new home sites during 2013. The proposed home site counts as the first new residential lot for this year. RESOURCE PROTECTION AREA: The property is outside the resource protection area. STAFF: The proposal meets the dimensional standards of the zoning district. Note: The RH-1 Rural Homes Zoning District is limited to one animal unit per full acre. TOWN: Approved condition upon a “good neighbor” statement being placed on the Certified Survey Map.
Town
Hall
Dr
T
0 250 500125 FeetLegendSignificant SoilsClass
Class 1
Class 2
Wetlands > 2 acres
100-year floodplain Petition #10538Fiumefreddo
Public Hearing: March 19, 2013 Petition: Rezone 10540 Zoning Amendment: A-1EX Exclusive Agriculture District to RH-3 Rural homes District
Town/sect:
Dunn Section 29
Acres: 9.5 Survey Req. Yes
Applicant
Loraine A Kopke
Staff Report
Zoning and Land Regulation Committee Reason:
Separation of existing residence
Location:
2024 Sand Hill Road
DESCRIPTION: The petitioner would like to separate the existing farmstead from the 100-acre farm. The farmland will be sold to the Department of Corrections for agricultural purposes. OBSERVATIONS: There is an existing residence and outbuildings on the property. The building that appears to cross the property line has been removed. 90% of the 10-acre site consists of Class II soils. No other sensitive environmental features observed. TOWN PLAN: The property is located the Agricultural Preservation Area. The separation of the farm residence from the farmland does not count as a housing density right under the Town Plan. The housing density rights for the original farm have been exhausted. A deed notice has been placed on the A-1Exclusive land (required by Petition #10401) to prohibit further residential development. See attached. RESOURCE PROTECTION AREA: The property is outside of the resource protection corridor. STAFF: The property meets the dimensional standards of the zoning district. TOWN: Approved conditioned upon a deed restriction being placed on the 90-acre A-1 Exclusive property to prohibit non-agricultural development.
Sand
Hill
Rd
Schneider Dr
A-1(EX)
A-1(EX)
A-2
A-1(EX)A-1(EX)
A-2(4)
R-1A
RH-2 A-1(EX)
R-1A
C-1
R-1A
R-1A R-1A
A-2
CUP1589
Kennels
CUP1596
Communication towers
CUP219
Religious uses
DR
DRDR
DR
0 250 500125 FeetLegendSignificant SoilsClass
Class 1
Class 2
Wetlands > 2 acres
100-year floodplain Petition #10540Kopke
Public Hearing: March 19, 2013 Petition: CUP 2231 Zoning Amendment: C-2 Commercial District to C-2 Commercial District
Town/sect:
Madison Section 36
Acres:0.987 Survey Req. No
Applicant
Capitol One Real Estate II LLC
Staff Report
Zoning and Land Regulation Committee
Reason:
Drive-in establishment
Location:
2570 Rimrock Road
DESCRIPTION: The petitioner would like to install a drive-thru window for a sub-shop. The sub-shop will be part of the convenience store that is currently under construction. OBSERVATIONS: The convenience store was previously approved under Conditional Use Permit #2208. The property includes a 10-bay gas fueling area along with a car wash. The site has limited hours of operations, lighting, and noise limitations as part of the CUP. The proposed alterations will not decrease the parking stalls surrounding the store. The drive-thru shows an “at window” ordering format with stacking for three cars. TOWN PLAN: The subject property falls with an area that will ultimately be annexed into the City of Fitchburg. In general, the proposal is compatible with local plans. The convenience store is part of the Novation Campus Redevelopment Plan. RESOURCE PROTECTION AREA: The proposal is outside the resource protection corridor. STAFF: See attached suggested conditions. Staff has suggested prohibiting outside intercom ordering due to the tight stacking distances for the facility. TOWN: Pending.
TOWN BOARD ACTION REPORT – CONDITIONAL USE PERMIT
Regarding Petition # __________ Dane County ZLR Committee Public Hearing ___________________
Whereas, the Town Board of the Town of _________________________ having considered said conditional use permit application, be it therefore resolved that said conditional use permit is hereby (check one): APPROVED
DENIED (IF DENIED, PLEASE COMPLETE FINDINGS SECTION ON PAGE 2)
PLANNING COMMISSION VOTE: ____ In Favor ____ Opposed
TOWN BOARD VOTE: ____ In Favor ____ Opposed
Whereas, in support of its decision, the Town Board has made appropriate findings of fact that the standards listed in section 10.255(2)(h), Dane County Code of Ordinances, and section 10.123(3)(a), if applicable, are found to be (check one):
SATISFIEDNOT SATISFIED (PLEASE COMPLETE FINDINGS SECTION ON PAGE 2)
PLEASE NOTE: The following space, and additional pages as needed, are reserved for comment by the minority voter(s), OR, for the Town to explain its approval if the decision does not comply with the relevant provisions of the Town Plan. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
THE CONDITIONAL USE PERMIT IS SUBJECT TO THE FOLLOWING CONDITION(S):
___________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I, ________________________, as Town Clerk of the Town of ___________________, County of Dane, hereby certify that the above resolution was adopted in a lawful meeting of the Town Board on ____________, 20____.
_________________________________________ _________________________, 20____. Town Clerk Date
2013-02231 Tuesday, March 19, 2013
Madison
0 0
3 0
Renee Schwass Madison
Monday, March 04, 2013
Renee Schwass Wednesday, March 13, 2013
✔
✔
S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2231 proposed.doc Page 1 of 2
Dane County Zoning Division City-County Building 210 Martin Luther King, Jr., Blvd., Room 116 Madison Wisconsin 53703 (608) 266-4266/266-9083 Fax (608) 267-1540
DANE COUNTY
CONDITIONAL USE PERMIT #2231 THE ZONING AND LAND REGULATION COMMITTEE OF THE DANE COUNTY BOARD PURSUANT TO SECTION 10.255(2) OF THE DANE COUNTY CODE OF ORDINANCES DOES HEREBY: GRANT Conditional Use Permit #2231 for a Drive-in establishment (window service) subject to any conditions contained herein. EFFECTIVE DATE OF PERMIT: PENDING THE CONDITIONAL USE SHALL BE LOCATED ON THE PROPERTY DESCRIBED AS FOLLOWS: Lot 3, CSM 13312, Section 36, Town of Madison, Dane County, Wisconsin CONDITIONS: 1. Outside intercom for ordering is prohibited due to short stacking distance. The
establishment shall only offer service at the point of the window. THE ZONING AND LAND REGULATION COMMITTEE AFTER PUBLIC HEARING AND IN THEIR CONSIDERATION OF THE CONDITIONAL USE PERMIT MADE THE FOLLOWING FINDING OF FACT: 1. That the establishment, maintenance and operation of the proposed conditional use will not be
detrimental to or endanger the public health, safety, morals comfort or general welfare. 2. That the uses, values and enjoyment of other property in the neighborhood for purposes already
permitted will not be substantially impaired or diminished by the establishment, maintenance and operation of the proposed conditional use.
3. That the establishment of the proposed conditional use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district. 4. That adequate utilities, access roads, drainage and other necessary site improvements will be
made. 5. That adequate measures will be taken to provide ingress and egress so designed as to minimize
traffic congestion in the public streets.
S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2231 proposed.doc Page 2 of 2
6. That the proposed conditional use does conform to all applicable regulations of the district in which it is proposed to be located.
EXPIRATION OF PERMIT
In addition to any time limit established as a condition in granting this CUP, Section 10.25(2)(n) of the Dane County Code of Ordinances provides that any use for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity with the ordinance.
Ski Ct
Lily Dr
Jonquil LnHa
zelwo
od C
tMarigold Dr
Primrose Ln
Crocus Cir
Cliff C
t
Brown Quail Ct
Circle Dr
Honeysuckle Ln
Sales
Dr
Sirloi
n Strip
Tulip Ln
Marigold Dr
E Badger Rd
Rimr
ock R
d
Badg
er Ln
W Beltline Hwy
Ski Ln
Dunw
oody
Dr
Moorland Rd
Nygard St
Nob H
ill Rd
Phea
sant
Ridg
e Trl
Diving Hawk Trl
Maloney Dr
Salem
Dr
Novation Pkwy
N Ru
sk Av
e
W Beltline Frontage Rd
Deer Va
lley Rd
Oregon Rd
Latitude 43 St
Settle
ment
Dr
Seven Nations Dr
Clau
sen S
t
Kent Ln
Engelhart Dr
Burroughs Dr
Rockwood Dr
Geronimo Cir
Kiowa CtOregon Rd
W Beltline Hwy
14
14
Novat
ion Pkwy
Town of Madison
City of Madison
City of Fitchburg
0 250 500125 Feet
CUP #2231Capitol 1 Real Estate
Public Hearing: March 19, 2013 Petition: CUP 2233 Zoning Amendment: C-1 Commercial District to C-1 Commercial District
Town/sect:
Blooming Grove Section 04
Acres: 1.6 Survey Req. No
Applicant
PDQ Food Stores Inc
Staff Report
Zoning and Land Regulation Committee Reason:
Drive-in / car wash facility
Location:
4100 Milwaukee Street
DESCRIPTION: PDQ would like to relocate their existing business from the east side of Walbridge Avenue to the west side of Walbridge Avenue (vacant lot). The proposal will provide additional fueling stations as well as adding a car wash facility. OBSERVATIONS: The property is located along Milwaukee Street. There is an established multi-family complex to the north. A fast food restaurant is located to the west. The City of Madison borders the property along the south and the east. No sensitive environmental features observed. TOWN PLAN: The area is designated as Roadside Mixed Use area in the Town’s land use plan. The plan encourages commercial businesses to have attractive landscaping along the roadside. CITY OF MADISON: The property is located in the City of Madison Urban Service Area. See letter from City of Madison Planning Department. RESOURCE PROTECTION AREA: The property is located outside the resource protection area. STAFF: See Staff suggested conditions to mitigate any potential nuisances for the proposed land use. Staff also suggests placing a deed restriction on the properties to prohibit billboard signs. TOWN: Approved with no conditions.
EX-STM
INLET
T.O.C
.=33.6
0
I.E.=
29.40
12" RCP
EX-STM
INLET
T.O.C
.=37.4
5
I.E.=
34.70
ALVAREZ A
VENU
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MIL
WAU
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WA
LB
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GE
A
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24" RCP
24" RCP
24" RCP
24" RCP
24" RCP
24" RCP
24" RCP
24" RCP
24" RCP
24" RCP
24" RCP
EX-STM
MH
RIM
.=37.0
7
I.E.=
32.64
12" R
CP
EX-STM
MH
RIM
.=33.6
6
I.E.=
29.93
Media
n flush w
ith p
avement
EX-STM
INLET
T.O.C
.=32.2
9
I
.E.=
27.09
EX-STM
INLET
T.O.C
.=32.1
8
I
.E.=
26.93
Close E
xisting
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31.14
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ide C
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GRASS AREAS SHALL BE FINE GRADED, SEEDED WITH MADISON PARKS SEED@RATE OF 4#/1000 SQ FT, FERT WITH 10-10-10. MULCH WITH CHOPPED STRAW
ALL TOPSOIL TO BE IN PLACE TO WITHIN 1" OF FINAL GRADE BEFOREDECORATIVE LANDSCAPING STARTS
BED BORDERS TO BE INSTALLED WITH DIMEX PRO EDGING EXCEPT AREAS WITHIN CONCRETE BORDERS.3" #2 LOCAL WASHED STONE MULCH /TYPAR IN ALL BEDS NEAR BUILDING & PARKING LOT.AREA LABELED #1 SHALL BE 1.5" RED FLINT, WITH EDGING BETWEEN MULCHESALL SINGLE OUTER DECIDUOUS TREES TO RECEIVE 3' DIAM. RING (EVERGREENS TO HAVE 5FT DIAMRING) OF 3" DEPTH SHREDDED BARK MULCH, EDGING.
PLAN NOTES:
MAINTENANCE /PLANT CARE PACKET SHALL BE SUBMITTED TO OWNER UPONCOMPLETION OF LANDSCAPE / PLANT INSTALLATION. NURSERY STOCK GUARANTEED FOR 1 YEAR.
PLANT MATERIAL INSTALLED BY A QUALIFIED AND EXPERIENCED LANDSCAPE INSTALLER.PLANTS ARE TO BE WATERED IN AND WATERED DAILY UNTIL PROJECT COMPLETION. WATERING ISTHEN CUSTOMERS RESPONSIBILITY
DECORATIVE BOULDERS AS SHOWN
KFG
7
SDO
9
AH
3
WJ
11
GMS
8
#1
BA
7
PO Box 185750 S. Monroe StreetWaterloo, WI 53594www.mckaynursery.com
PO Box 185750 S. Monroe StreetWaterloo, WI 53594www.mckaynursery.com
Since 1897 An Employee Owned Company
(T) 608-334-2041(F) 920.478.3615
S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2233 proposed.doc Page 1 of 2
Dane County Zoning Division City-County Building 210 Martin Luther King, Jr., Blvd., Room 116 Madison Wisconsin 53703 (608) 266-4266/266-9083 Fax (608) 267-1540
DANE COUNTY
CONDITIONAL USE PERMIT #2233 THE ZONING AND LAND REGULATION COMMITTEE OF THE DANE COUNTY BOARD PURSUANT TO SECTION 10.255(2) OF THE DANE COUNTY CODE OF ORDINANCES DOES HEREBY: GRANT Conditional Use Permit #2233 for a Drive-in establishment (Gas Station) and a Car Wash Facility subject to any conditions contained herein. EFFECTIVE DATE OF PERMIT: PENDING THE CONDITIONAL USE SHALL BE LOCATED ON THE PROPERTY DESCRIBED AS FOLLOWS: Parcel #0710-041-4160-0, Lot 1 of CSM 11449, and Parcel #0710-041-4128-5, Lots 8 & 9, Block 1, Gallagher Garden Subdivision, Town of Blooming Grove, Dane County, Wisconsin CONDITIONS: 1. A sidewalk shall be installed along Walbridge Avenue prior to occupancy of the
building. 2. All signage shall comply with City of Madison Sign Ordinances as per Blooming
Grove/Madison agreement. 3. Exterior lighting shall be per approved plans, specifically recessed lighting in gas
canopy, full-cutoff wall packs on north and west elevation, and all property lighting being limited to 0.5 foot-candles at property line.
4. Landscaping shall be installed per approved plan prior to occupancy. The plan includes a continuous landscape buffer consisting along the entire north property line.
5. The trash enclosure and mechanicals along rear of building shall be screened with a decorative masonry wall matching the design of the building.
6. Noise levels from car wash or loudspeakers shall not exceed 50 dbA decibels at the southerly right-of-way line of Alvarez Avenue.
7. The car wash shall be limit to the hours of operation of 6:00 am to 12:00 midnight. 8. Parking stalls shall not be used for outside storage of materials or goods.
S:\PlanDev\Zoning\ZLR\Conditional Use Permits\CUP #2233 proposed.doc Page 2 of 2
THE ZONING AND LAND REGULATION COMMITTEE AFTER PUBLIC HEARING AND IN THEIR CONSIDERATION OF THE CONDITIONAL USE PERMIT MADE THE FOLLOWING FINDING OF FACT: 1. That the establishment, maintenance and operation of the proposed conditional use will not be
detrimental to or endanger the public health, safety, morals comfort or general welfare. 2. That the uses, values and enjoyment of other property in the neighborhood for purposes already
permitted will not be substantially impaired or diminished by the establishment, maintenance and operation of the proposed conditional use.
3. That the establishment of the proposed conditional use will not impede the normal and orderly
development and improvement of the surrounding property for uses permitted in the district. 4. That adequate utilities, access roads, drainage and other necessary site improvements will be
made. 5. That adequate measures will be taken to provide ingress and egress so designed as to minimize
traffic congestion in the public streets. 6. That the proposed conditional use does conform to all applicable regulations of the district in
which it is proposed to be located.
EXPIRATION OF PERMIT In addition to any time limit established as a condition in granting this CUP, Section 10.25(2)(n) of the Dane County Code of Ordinances provides that any use for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity with the ordinance.
Blettn
er Blv
d
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ood L
n
Westwood Ct
Grandwood Ct
Milwaukee St
Belmont Rd
Wittw
er Rd
N St
ough
ton R
d
Rega
s Rd
N Wa
lbridg
e Ave
Demp
sey R
d
Portland Pkwy
S Walbridge Ave
S Stoughton Rd
Bruns Ave
Alvarez Ave
Corporate Dr
Dawes St
Portland Cir
N St
ough
ton R
d
S Stoughton Rd
Zink Ave
City of Madison
Town of Blooming Grove
0 200 400100 Feet
CUP #2233PDQ Food Store
Room 116, City-County Building, Madison, Wisconsin 53703 Fax (608) 267-1540
Housing & Economic Development (608)266-4270, Rm. 362
Planning (608)266-4251, Rm. 116
Records & Support (608)266-4251, Rm. 116
Zoning (608)266-4266, Rm. 116
The Zoning & Land Regulation Committee Public Hearing on OA #42 will be March 19, 2013.
Town action on OA #42 is due to the zoning office by Thursday April 18, 2013.
TO: Dane County Board of Supervisors Town Supervisors & Planning Commissioners County Executive Joe Parisi All Other Interested Parties FROM: Majid Allan, Senior Planner DATE: February 21, 2013 RE: Staff review of Zoning Ordinance Amendment #42, 2012-13,
Regarding the Siting of Wind Energy Systems CC: Roger Lane, Zoning Administrator Todd Violante, Department Director Renee Lauber, Planning Consultant, Dane County Towns Association Jerry Derr, President, Dane County Towns Association Karin Peterson Thurlow, County Board Staff
This memo describes Ordinance Amendment (OA) #42, 2012-13 Regarding the Siting of Wind Energy Systems. OA #42 was developed by the Chapter 10 Task Force, which identified regulating wind energy systems as a priority amendment to the zoning code. To assist town and county officials in decision making, the Planning Division prepares written descriptions of each proposed amendment to land use and development related ordinances. The Zoning & Land Regulation (ZLR) Committee will hold a public hearing on OA #42 on Tuesday, March 19th – town action on OA #42 is due by Thursday April 18. Please direct any questions to me at 267-2536, or by email at [email protected]. I. BACKGROUND
The state of Wisconsin enacted uniform rules for the siting of wind energy systems in 2009 under Wisconsin Act 40. Act 40 set strict limits on local governments’ ability to regulate the siting of wind energy systems under 100 megawatts in size, and directed the Public Service Commission to develop uniform siting rules. Those rules are established under PSC 128, of the Wisconsin Administrative Code. Local units of government cannot impose any restriction, directly or in effect, on the installation or use of a wind energy system unless the regulation / restriction serves to: “…preserve or protect the public health and safety; does not significantly increase the cost or decrease the efficiency of the system; or allows for an alternative system of comparable cost and efficiency.” It’s important to note that the uniform siting rules governing setbacks, noise, shadow flicker, stray voltage, and a host of other issues do not apply in a community unless that community enacts an ordinance adopting them. In addition, local ordinances cannot be more restrictive than the state rules. This leaves local governments with essentially three options: adopt siting rules that are less restrictive than the state’s, adopt the state rules, or do not adopt an ordinance at all. Given the limited ability to regulate wind energy systems, and the short 4 month timeframe afforded by state law to adopt an ordinance after a wind energy proposal is submitted, the Chapter 10 Task Force determined that it would be prudent for the county to adopt the state wind siting rules by reference at this time. The recent EPIC 6-turbine wind project in the town of Springfield underscores the need to have an ordinance in place.
Page 2 of 5
II. SUMMARY OA #42 would create a new section 10.196 in the zoning code titled “Standards and Procedures for Wind Energy Systems”, wherein the state siting rules are adopted “by reference”. Adopting the rules by reference simply establishes that the county will apply the wind siting rules as well as other required procedural and decision making provisions contained in state law and administrative code when evaluating and acting on a wind energy system proposal. This method also ensures that the county’s ordinance will automatically reflect any changes that may be made to the statutes or administrative code in the future. So, for example, if the state revises the siting rules to require more restrictive setbacks next year, those new setbacks would automatically apply under the county’s ordinance. Please see page 4 for a summary of the siting rules. III. DESCRIPTION This section provides an article-by-article description of the ordinance amendment.
A) Article 2 amends section 10.01 of the zoning ordinance to define – again, by reference – the term “wind energy system”. The statutory definition of wind energy system in s. 66.0403(1)(m) that would apply under the county zoning ordinance reads as follows: “Wind energy system” means equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy.”
B) Article 3 creates section 10.196: Standards and Procedures for Wind Energy Systems. Sub-
section 1 requires that any proposed wind energy system must comply with the uniform siting rules contained in PSC 128 of the Wisconsin Administrative Code.
Sub-section 2 adopts, word-for-word, the limited scope set by statutes for local decision making on wind energy systems. Sub-section 3 establishes wind energy systems as a conditional use in any district and states that the county will apply the uniform wind siting rules when evaluating wind energy system proposals. Sub-section 4 states that the county will follow the standard conditional use permit procedures to the extent that they are not inconsistent with state law. This simply means the county and towns will follow most of our standard procedures when reviewing / acting on a wind energy system CUP application. However, there are some notable exceptions to those standard procedures which are pre-empted by the state law. This will include, for example, different time frames for considering and acting on a CUP than what’s specified in the county code under section 10.255(2). In addition, the six conditional use permit standards in section 10.255(2)(h) will not apply to wind energy systems. County staff will be developing informational materials specific to wind energy proposals to share with towns, applicants, and all other interested parties.
Page 3 of 5
IV. ANALYSIS This section provides a brief staff analysis of the proposed ordinance changes.
• Adopting the wind siting rules proactively addresses an emerging land use issue Adopting the state rules now will ensure that the county, and any affected town, will be prepared to review a wind energy proposal against the uniform siting rules and criteria. Should the state revise the siting rules in the future, the county ordinance will be inclusive of those changes. Adopting the siting rules can serve as a catalyst to begin a community-wide discussion about wind and other renewable energy development.
• Without an ordinance change, there are no wind siting rules in effect If we do nothing, the uniform siting rules do not apply. OA #42 will ensure that a Conditional Use Permit is required for any proposed wind energy system in the county and that the system would need to comply with the most restrictive siting rules and requirements allowable.
• Towns can still adopt their own ordinances Please note that towns would still have the ability to adopt their own ordinances, though if a town ordinance were less restrictive, the county ordinance would apply.
Additional information is attached to this memo on the following pages, including links to online resources, a brief summary of the siting rules, and a copy of OA #42.
Page 4 of 5
Additional information available online
State wind siting rules (PSC 128): http://docs.legis.wisconsin.gov/code/admin_code/psc/128.pdf
Application filing requirements:http://psc.wi.gov/renewables/documents/localWindAFR.pdf
Local govt review timeline: http://psc.wi.gov/renewables/documents/localGovtApprovalTimeline.pdf
State wind siting FAQs: http://psc.wi.gov/renewables/documents/WindSitingFAQs.pdf
Summary list of main state siting rules
Application / Notification / Review procedures (PSC 128.105 / 128.30 / 128.32): Details public notification requirements, responsibilities of local government to make info available, review and decision making procedures.
Siting criteria (PSC 128.13): Addresses setbacks (see table, below – note this is only a partial listing of setback requirements, others relate to setbacks from utility lines and road right-of-way). Noise criteria (PSC 128.14): Limit of 50 dBA in day; 45 dBA at night.
Shadow flicker (PSC 128.15): Limit no more than 30 hrs / year, mitigation required at >20 hrs / year.
Signal interference (PSC 128.16): Requires systems to avoid / mitigate interference with public safety, commercial, and personal communications (e.g., wireless, broadcast TV, etc.).
Stray voltage (PSC 128.17): Requires testing, reporting to PSC, and requirement to rectify problems.
Construction and operation (PSC 128.18): Requirements related to lighting, physical characteristics, electrical standards, operational/maintenance standards, and emergency procedures.
Decommissioning (PSC 128.19): Requirements related to financial assurance, decommissioning of facilities, and site restoration.
Optional provisions (PSC 128.33): Local units may require additional info, participation in government coordinated studies on effects, monetary compensation to nearby neighbors, protect farmers’ aerial spraying, and annual reporting on operation / maintenance.
Modifications (PSC 128.35): Addresses procedures for modification for existing / approved systems.
Complaint process (PSC 128.40 / 128.42): Specifies process for submitting and resolving complaints.
Monitoring (PSC 128.36 / 128.41): Provides for third party monitoring during construction and establishment of a monitoring committee with required representation and duties to document, investigate, and recommend resolution of complaints.
Appeals (PSC 128.51): Outlines the appeal procedure for aggrieved parties over denial / approval of a wind energy system. All appeals heard by the Public Service Commission.
Exemptions for small systems (PSC 128.60): Specifies exemptions for small systems (100-300kW).
Setback Description Setback Distance
• Occupied Community Buildings: The lesser of 1,250 feet or 3.1 times the maximum blade tip height
• Participating Residences: 1.1 times the maximum blade tip height
• Nonparticipating Residences: The lesser of 1,250 feet or 3.1 times the maximum blade tip height
• Participating Property Lines: None
• Nonparticipating Property Lines: 1.1 times the maximum blade tip height
Page 5 of 5
ORD. AMDT. 42, 12-13
AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF ORDINANCES, REGARDING THE SITING OF WIND ENERGY SYSTEMS
The County Board of Supervisors of the County of Dane does ordain as follows: ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are to those of the Dane County Code of Ordinances. ARTICLE 2. Section 10.01(82a) is created to read as follows:
(82a) Wind Energy System. “Wind Energy System” has the meaning given in s. 66.0403(1)(m), Wis. Stats. ARTICLE 3. Section 10.196 is created to read as follows: 10.196 STANDARDS AND PROCEDURES FOR WIND ENERGY SYSTEMS.
(1) This section provides the standards and procedures for issuance of conditional use permits for wind energy systems, as defined in s. 66.0403(1)(m), Wis. Stats. The purpose of this section is to ensure any proposed wind energy system complies with applicable provisions of PSC 128, Wisconsin Administrative Code as amended, and this section.
(2) No restriction shall be placed, either directly or in effect, on the installation or use of a wind energy system, unless the restriction satisfies one of the following conditions:
(a) Serves to preserve or protect the public health or safety.
(b) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(c) Allows for an alternative system of comparable cost and efficiency.
(3) Use. Wind energy systems are a conditional use in any district. The County will apply Wis. Stats. s. 66.0401 and PSC Ch 128 Wisconsin Administrative Code as amended, in the evaluation of such requests.
(4) Procedures. To the extent not inconsistent with state law, the procedures for consideration of conditional uses set forth in s. 10.255(2) shall be followed.
[Explanation: This ordinance provides standards and procedures for wind energy systems as a conditional use in any zoning district.]
Submitted by Supervisors Downing, Miles, Hendrick, Schmidt and Erickson, February 7, 2013. Fiscal and Policy Notes not required. Referred to ENVIRONMENT, AGRICULTURE & NATURAL RESOURCES and ZONING & LAND REGULATION.
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Wilrich St
Spirit St
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7146
Woodstone Replat No. 2City of Madison, Section 21
Plat consists of 29 lots.
Parks – No lands dedicated for park space within this replat.Parkways – N/AExpressways – N/AMajor Highways – None, West Mineral Point Rd. to the south. to the west.Airports – Dane County Regional AirportDrainage Channels – None planned, stormwater easement shown.Schools – Existing schools established.Other Planned Public Improvements - None
210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI 53703-3342 Phone: 608.266.9086 Fax: 608.267.1540
Dane County Planning & DevelopmentLand Division Review
Date: March 19, 2013 To: Zoning & Land Regulation Committee From: Daniel Everson, Land Division Review Re: Wood Ger Development (final plat)
Town of Burke, Section 24 (11 lots, 52 acres)
Review deadline – April 22, 2013 The Zoning and Land Regulation Committee, at its meeting of March 20, 2012, conditionally approved the preliminary plat proposal. The County Board approved rezone petition 10295 on July 21, 2011. Planning staff recommends approval of the final plat, subject to the following conditions. Rezone Petition #10295 is to become effective and all conditions established are to be timely
satisfied. (September 11, 2013) Recording of a Subdivision Plat Map with the Dane County Register of Deeds. The petitioner shall record a condominium removal document for the entire JAD Condominium Plat.
The petitioner shall also remove the recorded storm water maintenance plan as note under Register of Deeds document #3760938.
A subdivision plat, pursuant to Wisconsin Statutes 236, shall be recorded with the Dane County Register of Deeds that defines the proposed lots as shown on the concept plan within 2 years.
The proposed “Maly Road” shall be dedicated to the public for road right-of-way. The road right-of-way shall extend from the eastern right-of-way line of Reiner Road to the north property line as depicted on the concept plan.
Lots 1 through 8 shall be deed restricted to limit the land uses to: 1. Major repairs to motor vehicles inside buildings - Parking and storing of motor vehicles -
Warehouses - Mini-warehouses - Medical, dental and veterinary clinics - Banks, offices, office buildings and condominium office buildings - Woodworking shops - Machine shops – Manufacturing and assembly plants – Rental businesses, except for motor vehicles and construction machinery/equipment - Distribution centers - Wholesale businesses – Warehousing and inside storage incidental to a permitted use - General, mechanical and landscape contracting businesses – Inside storage, maintenance and repairs of construction equipment necessary for the operation of a general, mechanical or landscape contracting business
2. Conditional Uses that may be permitted are: Residence for a watchman or caretaker - Communication towers - Governmental uses - Agricultural uses
210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI 53703-3342 Phone: 608.266.9086 Fax: 608.267.1540
Lot 11 shall be deed restricted to limit the land uses to:
1. Retail sales limited to automotive parts and accessories - Major repairs to motor vehicles inside buildings - Warehouses - Mini-warehouses - Medical, dental and veterinary clinics - Banks, offices, office buildings and condominium office buildings - Woodworking shops - Machine shops - Manufacturing and assembly plants - Rental businesses, except for motor vehicles and construction machinery/equipment - Distribution centers - Wholesale businesses – Warehousing and inside storage incidental to a permitted use - General, mechanical and landscape contracting businesses – Inside storage, maintenance and repairs of construction equipment necessary for the operation of a general, mechanical or landscape contracting business.
2. Conditional Uses that may be permitted are: Residence for a watchman or caretaker - communication towers - Governmental uses - Agricultural uses.
All property zoned C-2 within the subdivision plat shall be deed restricted to prohibit billboard signs. Compliance with the Dane County Comprehensive Plan is to be established.
See Pam Andros, Senior Planner letter dated March 8, 2012. Lot boundaries and zoning district boundaries are to be coterminous. All lots and outlots are to meet the minimum area and width requirements of the zoning
districts that are applicable. The locations of existing driveways are to be shown.
The approximate locations of the intermittent stream(s) are to be shown. The public parkland appropriation requirement is to be satisfied (private park land does not
satisfy this requirement). Street names with respect to Ch. 76 of the Dane County Code of Ordinances are to be assigned.
Dane County Surveyor approval is to be obtained. All public land dedications are to be clearly designated “dedicated to the public.” Compliance with Ch. 14.45 DCCO, Erosion Control Plan is to be established. Compliance with Ch. 14.46 DCCO, Stormwater Control Permit is to be established. Utility easements are to be provided. All streets shall be graded and surfaced in accordance with plans, specifications and
requirements of the Dane County Highway Commission and the Town of Windsor. Street lights and street signs shall be provided in accordance with applicable town
specifications.
210 Martin Luther King Jr. Blvd. City-County Bldg, Room 116 Madison, WI 53703-3342 Phone: 608.266.9086 Fax: 608.267.1540
The improvements shall be installed and approval of a final plat shall be given only after the work has been completed or there shall have been filed with the appropriate governmental jurisdiction or with the committee, one of the following: Surety bond in an amount sufficient to complete the work. Certified check in an amount sufficient to complete the work.
Town of Burke approval is to be obtained.
City of Madison approval is to be obtained with respect to the extraterritorial jurisdiction. A notation is to be included that states: “Lands covered by this plat are within an area
subject to height limitations owing to the operation of aircraft and equipment from a nearby airport. Owners of lands within the area covered by this plat are required by law to restrict the height of trees, other vegetation and man-made structures to less than the height limitations set forth in that certain map dated April 24, 2008, entitled ‘Height Limitation Zoning Map, Dane County Regional Truax Field, Madison, Wisconsin’, said map being on file in the Dane County Clerk's office.”
A notation is to be included that states: “Lands covered by this plat are located within an
area subject to heightened noise levels emanating from the operation of aircraft and equipment from a nearby airport.”
A notation is to be included that states: “Lots in this plat which are within 300-feet of the
ordinary high water mark of the intermittent stream are subject to the Dane County Shoreland-Wetland Zoning regulations.
Room 116, City-County Building, Madison, Wisconsin 53703 Fax (608) 267-1540
Housing & Economic Development (608)266-4270, Rm. 362 Planning (608)266-4251, Rm. 116 Records & Support (608)266-4251, Rm. 116 Zoning (608)266-4266, Rm. 116
MEMORANDUM TO: Zoning & Land Regulations (ZLR) Committee FROM: Pamela Andros, AICP, Senior Planner SUBJECT: Wood Ger Development Plat, Town of Burke, S24 DATE: 03/8/2012 CC: Dan Everson, Assistant Zoning Administrator Roger Lane, Zoning Administrator Todd Violante, Director of Planning & Development Pam Dunphy, Public Works, Highways & Transportation Brenda Ayers, Town of Burke Clerk/Treasurer Gerald and Debra Wood, applicants As requested by the ZLR, staff provides analysis of subdivision plats comparing them against the local and county comprehensive plans. In this case, the analysis is of the consistency between the Wood Ger Development plat located in the Town of Burke and the goals, objectives and policies of the Dane County Comprehensive Plan. The Wood Ger Development plat is an 11-lot subdivision, with lot 11 accommodating existing buildings. The Dane County Comprehensive Plan describes broad policy directions for new development, but refers to component town and municipal plans for detailed land use, subdivision and public infrastructure recommendations relevant at the subdivision plat scale. The county adopted Town of Burke Land Use Plan identifies the subject property in the Token Creek Residential land use district. This plat is consistent with that district. The subject property is also in the Boundary Adjustment Area- Madison (BAA-M) of the Final Boundary Adjustment Areas for DeForest, Sun Prairie and Madison. I hope this information is helpful, and would be happy to answer any questions you may have. Please feel free to contact me at [email protected] or 261-9780 if I can be of any further assistance.
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081023480005BURKE, TOWN OF
081024382710ELAINE JENSEN
081026180410CALVIN R ZIEGLER
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DEBORAH M DUCKART
081023497006DONNA J RENZ
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GOLISCH LIVING TR
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DAVIS FAMILY HOLDINGS LLC
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Final Platof
Wood Ger Development
March 19, 2013 PH Motion: _________________ / _________________ Vote: __________________
2010 aerial
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proposed Lot 1
remaining lands as proposed lot 2 with no public road frontage
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A-1(EX)DCPREZ-0000-00000
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March 19, 2013 ZLR PHMotion to approve/deny: ______________________, Second: ________________________
2010 aerial photo
Andrew BaackBlue Mounds, 2
Land Division Variance - Public Road Frontage Requirements
A-1DCPREZ-0000-00000
A-1DCPREZ-0000-00000 Evergreen Rd
White Coral Way
Twin Sunset Rd
March 19, 2013 ZLR PHMotion to approve/deny: ______________________, Second: ________________________
2010 aerial photo
Beverley GroveTown of Middleton, Section 3
Lot 4, CSM 1897 - Affidavit of correction
