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DANE COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Petition 7430 (Cornelius Lucey) • Public Hearing Date: 12/15/98 Town of Black Earth Date of this Report: 12/10/98 I. BACKGROUND A. Request Cornelius Lucey seeks to rezone a total of 40.3 acres of land from the A-1(exclusive) zoning district to the RH-3 zoning district to create two new building lots and the balance of the property to A-2 to bring it into compliance with the ordinance. B. Site/Locational Information The property is in a rural area of Section 28 of the Town of Black Earth, approximately a mile and a half west of the Village of Black Earth. The property and surrounding area is currently a mix of pasture or farm fields and wooded hillsides. C. Other federal, state or county approvals required Erosion control permits under Chapter 14 of the Dane County Code may be required. Driveway permits from the town may also be necessary. County zoning and sanitary permits will have to be obtained before construction of any buildings or residences may begin. Certified Survey Maps will be necessary to create the three lots, and a delayed effective date would be appropriate. II. ANALYSIS A. Compliance with County Ordinances The County Subdivision Ordinance requires that any land proposed for division be suitable for development. The steep slopes associated with the northern proposed RH-3 lot and the lack of accessible level ground may make this portion of the property unsuitable. B. Compliance with Adopted Plans The Town of Black Earth Land Use Plan(adopted March 12, 1996) prohibits development in an agricultural preservation area that would require a slope of more than 10% in order to assure access by fire and emergency vehicles. The two proposed RH-3 lots are on the side slopes of two steep hills (see map). Access to both lots, but particularly to the northern RH-3 lot will be extremely difficult. According to 10-foot contour information, minimum slopes on this northern lot exceed 18%. The Town Plan also contains language prohibiting the disturbance or destruction of important natural features such as significant woodland areas and steep slopes. Guidelines in the Town Plan also require the minimization of any disturbance to wildlife habitat. C. Environmental features As noted above, the entire area proposed for rezoning to RH-3 is on steeply wooded terrain. The area is underlain by a large swath of Elk Mound soils, which typically pose a severe risk of 1