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DANE COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT Petition No. 7370—Halverson Public Hearing Date: Tuesday, 10/27/98 I. BACKGROUND A. Request John, Dennis, and Vernon Halverson are petitioning to rezone 55 acres of their property from the A-1 Agriculture(Exclusive)District to the RH-4 Rural Homes District. The property is located in Section 25 of the town of Black Earth, about a half mile east of the village of Black Earth and north of the intersection of Kahl Road and USH 14. No Town action has yet been taken on this petition. Communication with the Town has indicated that paper work was not submitted by the applicant to the Town Clerk in time to include the item on the Town Board and Plan Commission agendas for October. The Town anticipates that this item will be addressed at its November meetings. B. History/Past Actions As noted in the Zoning Staff Report, this petition is essentially a re-application of Petition No. 7069; Petition 7069 would have created three RH-4 parcels,each about 19 acres in area. This petition will only be creating two parcels: Parcel A will be 37 acres and Parcel B will be 18 acres (please see Attachment A). It is the owner's intent to "join" Parcel B to an adjacent parcel located immediately to the south, which is owned by Allayne and Danna Turk. This parcel owned by the Turks was recently approved for a rezoning -- via Petition No. 7317 -- from the A-1 Agriculture (Exclusive) District to the RH-4 Rural Homes District. The County is awaiting submittal and final approval of the CSM. It is unclear thus far as to how exactly Parcel B and the Turk parcel will be"joined." Do the Halverson's intend to buy the Turk property and do another CSM to consolidate the two parcels? Or, will there be some sort of common ownership arrangement? This issue needs to be clarified. The ZNR approved Petition No. 7069 -- as did the Town Board and Plan Commission -- providing that the property was deed restricted to prohibit residential development on the balance of the land and with the condition that the Committee-adopted model "Private Road Agreement" be utilized. However, the CSM was never submitted,so the rezone was declared null and void. C. Site/Locational Information As noted, this rural property is located in Section 25 of the town of Black Earth, north of the intersection of Kahl Road and USH 14. The total area of the subject property is 55 acres. The predominant land use of the subject property itself is undeveloped woodland (about 70 percent)and pasture (about 30 percent) with varying slopes ranging from slightly under 10 percent to over 25 percent. The adjacent uses are Page 1 of 4