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°P "`„ • ° Dane County Planning & Development ,� � Room 116, City-County Building, Madison, Wisconsin 53709 Land Division Review y,4,gum'5,? 608/266-9086 Property Listing 608/266-4120 TO: Bob Salov, County Supervisor 608/66--425 Zoning FROM: Mark Roffers, Senior Planner 412_ 608/266-4266 DATE: May 11, 1998 SUBJECT: Noll Rezoning Petition 6916 and Use of Transferred Development Rights You asked me to review a proposed TDR agreement in reference to Rezoning Petition 6916, proposed by Richard Noll in the Town of Deerfield. You also asked how this item could get rescheduled on a ZNR Committee work meeting agenda. In review, Mr. Noll petitioned in Spring 1997 to rezone a piece of land in Deerfield from A-1 Exclusive Agriculture to R-1A Residence to allow construction of one home. Such rezoning and home construction would be inconsistent with the town/county 35 acre density policy for this area, as several homes have already been built on the original (1978) farm parcel. While the town approved the rezoning request, the ZNR Committee postponed action at that time based on the issue of plan inconsistency. There was a suggestion at the ZNR Committee meeting and through a subsequent written communication from Zoning staff that transferring a development right from another property to this parcel may be necessary before the ZNR Committee would take action on the rezoning request. I have had the chance to review the signed TDR agreement. Jeanie Sieling and I also met with Larry Bechler, Mr. Noll's attorney. I have also talked with Mr. Noll and a member of the Deerfield Planning Committee about this issue. Technically, the agreement appears to serve the purpose intended. It is not clear whether the document has been recorded against the deeds to the sending (Badger Farms) and receiving (Noll) properties. It should be. In addition, I have one significant technical concern with the agreement. The "sending" property contains about 46 acres in the Town of Deerfield. (I note that this property is landlocked and almost entirely in the 100-year floodplain.) I suggest excluding from the dicsussion of this proposed TDR transaction the significant additional acreage currently under Badger Farms' ownership in the adjacent Town of Cottage Grove. In addition to being in a different town, that acreage was not under the same ownership as the 46 acres in Deerfield at the time Deerfield adopted its original land use plan in 1978--this is a key consideration in determining allowable density. The Agreement proposes prohibiting any future residential development on only 35 acres of the Badger Farms' land in Deerfield. The remaining acreage in Deerfield could conceivably be developed in the future, which would violate the 35 acre density policy and the intent of TDR