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CITY OF FITCHBURG Jay Allen, Common Council District 4 5520 Lacy Road Fitchburg, WI 53711 Phone: (608) 270-4200 · Fax: (608) 270-4275 · Cell (608) 438-9261 rjee-ttJ !<Ju,w-t<<! www.city.fitchburg.wi.us.jay@fitchburgjay.com John Hendrick, Chair Zoning and Land Regulation Committee Dane County, Wisconsin 210 Martin Luther King Jr. Boulevard Madison, WI 53703 June 10, 2008 Re: Rezoning Petition #9900 and Conditional Use Permit #2076 Dear Mr. Hendrick, This letter is a follow-up to my letter of June 9, and our phone conversation of the same date. Since then, I have been able to talk with out City Attorney, Mark Sewell, as well as the petitioner regarding this rezoning application. I understand that our City Attorney will be attending your meeting tonight, and he is going to report that the Mayor and City Staff are in support of this petition. I have seen no documentation from our City Planner, who is out of town this week, however I am aware that our Mayor has submitted a letter in support of this petition. Mr. Sewell will also be reporting that the Common Council has taken no official action. That is technically true, as our City Council was unaware that this application was pending. The ZLR Committee should not construe the inaction of the Council as the Council having no position. The Council, until yesterday, was unaware of this petition, and has not had a chance to discuss it. On to the application itself, while it does appear that the petition is consistent with the discussions that we have had regarding the area of the applicant's CDP, I still have three specific concerns: 1. The Southdale Neighborhood Plan is not yet complete, and there may be provisions of that plan that are not compatible with this rezoning petition. 2. While the Town and County rezoning process does not require a CDP, the City of Fitchburg process does require one, and that CDP, while it has been submitted, has not yet been formally agreed to by the City. 3. There are long-term implications of County zoning in this area, which may not be compatible with Fitchburg zoning at the time this property becomes part of Fitchburg which will be no later than November 8, 2022. The Intergovernmental Agreement does provide for Extra-Territorial Zoning in this area, however, that provision has not yet been implemented. Through the Southdale Neighborhood Plan process, it has become evident that provisions of City of Fitchburg zoning are more appropriate for some of the goals of the Neighborhood Plan. But, at this juncture, such a zoning ordinance has not been adopted, therefore Dane County does have zoning control of this area.