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DCPREZ-0000-07170
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DCPREZ-0000-07170
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Last modified
11/13/2015 10:02:36 AM
Creation date
11/13/2015 9:59:17 AM
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Template:
Rezone/CUP
Rezone/CUP - Type
Rezone
Petition Number
07170
Town
Westport Township
Section Numbers
29, 32
AccelaLink
DCPREZ-0000-07170
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• a letter from Ayres and Associates discussing the effect on leachable nitrogen into the water table; <br /> • a letter from Mead&Hunt discussing potential traffic impacts; <br /> • an affidavit from John Van Dinter regarding emergency vehicle response time; <br /> • a letter from the Saint Benedict Center regarding Middleton emergency services. <br /> For the sake of clarity and to avoid possible legal challenge,the committee should make a finding as to <br /> whether the changes to the application and/or the new materials presented satisfy Section 10.255(2)(k) <br /> before taking up any other issues in this case. <br /> Zoning Districts <br /> Under the county zoning ordinance,private schools are conditional uses in either the A-1(ex)Exclusive <br /> Agriculture or the A-2 Agriculture district. However,A-1(ex)zoning requires conditional uses to meet <br /> several additional standards that the A-2 district does not. These standards relate to the potential for <br /> conflict with agricultural use,the availability of alternative locations and minimizing the disturbance of <br /> productive farmland. Given that A-1(ex) is generally considered the most appropriate zoning for <br /> agricultural preservation areas,there seems to be no compelling reason to prefer A-2 in this case. <br /> Although the RE-1 zoning is appropriate for the proposed athletic fields and CO-1 zoning is appropriate <br /> for the proposed nature preserve, rezoning seems unnecessary. In the opinion of Zoning Administrator <br /> Jim Gregorius, a simple conditional use permit for a private school could accommodate both of these <br /> uses. The applicant has not provided a rationale as to why rezoning,either for the school itself or for its <br /> associated grounds,is preferred. <br /> Conditional Use Permit <br /> Although the committee,the county board and the county executive must all deal with the rezoning <br /> petition before the ZNR takes up the requested conditional use permit, some of the general issues may <br /> relate to the rezoning request as well. If the rezoning is approved,the Department of Planning and <br /> Development will provide a more detailed analysis of the conditional use request at that time. <br /> Section 10.255 (2)(h)of the Dane County Code requires that all the following conditions be met before <br /> approving a conditional use permit: <br /> 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental <br /> to or endanger the public health, safety, comfort or general welfare; <br /> 2. That the uses, values and enjoyment of other property in the neighborhood for purposes already <br /> permitted shall be in no forseeable manner substantially impaired or diminished by establishment, <br /> maintenance or operation of the conditional use; <br /> 3. That the establishment of the conditional use will not impede the normal and orderly development <br /> and improvement of the surrounding property for uses permitted in the district. <br /> 4. That adequate utilities, access roads, drainage and other necessary site improvements have been <br /> or are being made; <br /> S. That adequate measures have been or will be taken to provide ingress and egress so designed as <br /> to minimize traffic congestion in the public streets, and; <br /> 6. That the conditional use shall conform to all applicable regulations of the district in which it is <br /> located. <br /> Without more detailed information about the operation of the proposed school, many of the questions <br /> concerning conditional use will be difficult to answer. In general,the location of a school in a <br /> predominately farming area could raise a number of issues, including: <br /> • the potential for conflict between school buses, school-related auto traffic and slow-moving farm <br /> vehicles; <br /> 3 <br />
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