DCPREZ-2014-10720 - Laserfiche WebLink

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Rezone 10720 continued 7/22 ZLR Action: The petition was postponed due to compliance issues with land division regulations regarding lot frontage on a public street. STAFF UPDATE: The applicant has submitted an application to allow for a shared driveway agreement to act in place of individual lot frontage as provided by Dane County Code of Ordinance section 75.19(8). The Committee will need to determine if the proposal meets the intent of the shared access easement requirements. (8)Standards and procedures for ingress/egress access via shared driveway easement. To promote the clustering of residential lots, preservation of farmland, and efficient use of land, the committee may approve exceptions to the frontage requirement of section 75.19(6)(b) where the committee finds that the exception protects the public health, safety, and welfare, but only in towns where the town board has previously voted to adopt policies to allow such exceptions. The zoning and land regulation committee and town board may approve the creation of lots with access provided by a shared driveway easement, in lieu of fee-title frontage onto a public right-of-way, provided all of the following criteria are met, and carries out the purposes stated in s. 75.19(6)(b): (a) The committee shall not approve any exception to the frontage requirement of section 75.19(6)(b) without finding that the exception is consistent with applicable town comprehensive plans adopted by the county board, town land/subdivision ordinances, and the Dane County Comprehensive Plan. (b)The shared driveway easement shall be a minimum of 66 feet wide, and encompass the entire length of the driveway that will service the lot or lots. (c) No more than four(4) lots, whose principal use is residential, may be served by a shared driveway easement including the lot on which the easement is located. Shared driveway easements shall not be extended to service additional lots. (d) If two or more lots are proposed to be served by a shared driveway easement, including the lot on which the easement is located, at least one of the lots must have a minimum of 66 feet of frontage connecting directly onto a public street at a location where the driveway shall be constructed. The committee may waive this requirement by granting a variance under s. 75.21. (e)A legal description of the shared driveway easement must be prepared by a registered land surveyor. The shared driveway easement shall be shown on the Certified Survey Map and include, at a minimum, the data submission requirements of section 75.17(3)(d),(g),(h),and(i). The committee may require that additional data be provided to ensure compliance with the provisions of this section. (f)The shared driveway easement shall constitute a covenant running with the land.... Planning Comments: The proposed lot layout appears consistent with the development guidelines for the Agricultural Preservation Area described in the adopted Town of Cross Plains/Dane County Comprehensive Plan. The Town of Cross Plains does not have a subdivision ordinance, but town driveway ordinances will apply. Because the driveway will be longer than 125 feet in length, the town will require proof of compliance with county erosion control and stormwater regulations before a driveway permit will be issued. Staff Recommendation: If approved, Staff suggests that the zoning classification for the proposed Lot 2 (4.15 acres) and proposed Lot 3 (4.2 acres) be amended to RH-2 Rural Homes. Given the acreage, this will prevent the lots from being divided in the future. Staff also suggests that a deed restriction be placed on proposed Lot 4 to prohibit residential development on the A-1 Exclusive Agriculture lands. The proposal will be required to record a joint driveway agreement as prescribed under Dane County Code of Ordinances Section 75.19(8). 8/12 ZLR: The Committee recommended approval with amendments. Vote: 3-2 (Nay: Miles and Matano.) The approval was conditioned upon approval of a joint driveway agreement for lots absent of public road frontage and a deed restriction to prohibit further residential development. 9/4 County Board: The petition was re-referred back to the Committee to discuss public road frontage for lots. Staff Update: The proposal has been revised to provide 66 feet of road frontage for the residential lots. Only Lot 2 will have no frontage. The lot for the existing house has been removed, now making it a 3-lot CSM. If approved, Staff suggests Lot 2(3.36 acres) be assigned the zoning district classification of RH-land Lot 3 (5.86 acres) be assigned the zoning district classification of RH-2. The approval should be contingent upon a joint driveway agreement be approved by the Committee pursuant to section 75.19(8).