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with heavy use. On the Kegonsa soils in particular,care should be taken when levelling to avoid exposing the gravel sublayer. Water Resources: County maps show no navigable water bodies within 1,000 feet of the site. Neither the Wisconsin Wetland Inventory nor the NRCS wetland maps show any wetlands on the property. The site drains toward Spring Creek, approximately a quarter of a mile to the north, on the other side of Oncken Road. Spring Creek is a tributary of Six Mile Creek,which in turn drains into Lake Mendota. The entire site is within the Yahara River—Lake Mendota Priority Watershed. IV. COMPLIANCE WITH STATE STATUTES AND REGULATIONS Farmland Preservation Section 91.77 (1)of the Wisconsin Statutes requires that all the following conditions be met before land can be rezoned out of the exclusive agriculture district: (a) adequate public facilities to accommodate development either exist or will be provided within a reasonable time; (b) provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide them, and: (c) the land proposed for rezoning is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas. Since the site is more than three quarters of a mile from the nearest urban service area, it is unlikely that the full range of public services normally associated with schools (particularly sewer and water)will be provided in the forseeable future. The applicant intends to serve the school with private septic and well, and has submitted detailed plans as part of the previous (CUP#1415)application. Since the term "adequate public facilities"is not defined in the statute,the ZNR should make a clear finding of fact as to whether it believes the provision of private septic and water satisfy the requirements of s. 91.77(1)(a). Please refer to Section VII below for a discussion of the impact on other public services, including roads and highways, and to Sections III and VIII for discussions of the suitability of the land for development. V. COMPLIANCE WITH COUNTY ORDINANCES Resubmission Section 10.255 (2)(k)of the Dane County Code prohibits the resubmission of a conditional use permit that has been denied by the ZNR within one year from the date of denial. Exceptions are allowed if the ZNR finds new valid evidence is presented, or that conditions surrounding the application have changed. Although Petition 7170/1485 is now submitted as a rezoning petition with an associated conditional use permit,the substance of the request is essentially similar to CUP# 1415,which was denied by the ZNR on June 3, 1997. The new application differs from CUP 1415 in the following respects: • the applicant is now seeking to rezone the land into four separate parcels and apply a conditional use permit to one of the parcels, instead of requesting a conditional use permit for the whole site; • a 2.78 acre nature preserve(to be zoned CO-1)has been added on the northeast corner of the site to protect a stand of oak woodlands, and; • the applicant has agreed to provide a back-up generator to provide power to the well in the event of a power outage. The applicant also presents new evidence(see August 1, 1997 letter in petition file)addressing concerns raised during the CUP 1415 review, including: 2