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4 March 1999 To: Zoning and Natural Resources Committee Dane County From: Christen D Upper, Karen S. Upper 8454 Highway 19 Cross Plains, WI 53528 Subject: Rezone petition 7109 (Street/Keuler). Changes in the certified survey since ZNR last considered this petition include a town road, minor changes in lot boundaries, and a deed restriction. From the perspective of those who live in the area, and from Indian Lake Park, this petition is essentially unchanged although many aspects of this petition may appear altered. The town road reduces the number of houses that will have to share a driveway.. Because the land is quite steep in places, the only way to provide a driveway from the end of the:town road to the two western houses will be along the path of the easement for the residual farmland to the northwest. This will result in a single driveway shared by three parties: the farmland and two houses. Because the Berry Town Land Use Plan specifically prohibits any development that will require construction of a new town road, this proposed development is clearly in violation of that plan. Lot boundaries have been changed to conform to the location of the town road, and to straighten the western boundary of the parcel. We see no effect of these changes on the'impact on the rezone. The impact on the park and on our farm remain unchanged from the last time this issue was considered by ZNR. A deed restriction has been proposed with the stated intent of providing some amelioration of the impact of the development on our farm and on Indian Lake Park. The impact on our farm would be softened by planting five to eight small evergreen trees, near each house. Clearly a few evergreens will not counteract the change a development will make from rural to residential nature of this area. Additionally, the cosmetic effect of such plantings would probably not be noticeable for decades. The impact on Indian Lake Park would be softened by assuring that the houses are painted in earth tones, and by keeping the rooflines below the horizon as viewed from the park. Assurances regarding roofline is not a change, given the proposed house locations. Nearly all new homes built in this area have been painted with colors that would meet these guidelines. Thus, the "concessions" to those who opposed the rezone will have virtually no cosmetic value, and would do absolutely nothing substantive to address the issues that were raised. Attorneys for Mr. Keuler have claimed repeatedly before the Berry Town Board_that only one house will be visible from the park. This statement is very difficult to understand because three of the sites where the houses will be constructed are currently highly visible from the park. This is particularly true in the winter. (Indian Lake Park is the county's most heavily used park