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• Miller, Sim®n k Maiers c. A T T O R NE YS 788 North Jefferson Street,Milwaukee,Wisconsin 53202, FAX 414-271-1797 414-271-2700 Don S. Peterson March 12, 1996 HAND DELIVERED Supervisor Lyman F. Anderson, Chair Zoning and Natural Resources Committee County Board Office 210 Martin Luther King Drive, Room 118 Madison, WI 53709 Re: Rezone Petition No. 6534 Dear Mr. Anderson: I am writing to you on behalf of my client, Ms. Ida Swenson, who is the title owner of the farm property in the Town of Blue Mounds which Mr. and Mrs. John Field seek to rezone from A-1 Agricultural Exclusive to RH-2 Rural Homes pursuant to the referenced Petition. Ms. Swenson has not authorized or consented to the rezoning application which is now pending before Zoning and Natural Resources Committee and scheduled for public hearing on Tuesday evening, March 12, 1996. By letter dated December 18, 1995 I previously advised Mr. Norbert Scribner, Dane County Planning and Development, of Ms. Swenson's opposition to any rezoning or division of lands to which she retains substantial interests. A copy of my letter to Mr. Scribner is enclosed for your information. I have several comments for your consideration,including comments relative to the statement by Mr. Richard J. Phelps,Dane County Executive, set forth in his memorandum to all rezoning applicants, that he will not sign into law any rezoning that fails to follow the basic standards of the Dane County Farmland Preservation Plan and an applicable Town Plan,or which promotes new development of"scattered,unsewered subdivisions." 1. When John Field signed the rezoning application as "owner" he failed to note his limited interest as a vendee under a land contract and that he is proceeding without the title owner's consent. 2. The proposed rezoning ignores the goals and policies of the Land Use Plan adopted by the Town of Blue Mounds. Two of the "overall goals" of the Land Use Plan are to "preserve productive farmland for continued agricultural use" and to "encourage maintenance and growth of'family farm operations." The stated policy of the Land Use Plan is to"[p]reserve prime agricultural land"and limit uses in the Agricultural District primarily"to agricultural production and dwelling units which serve as places of residence for owners and employees of the farm." Contrary to these provisions of the Land Use Plan, the pending application seeks to rezone significant portions of tillable land for residential development where there has been a history of fanning activity. The two proposed northern lots in Section 17 cover approximately 201,200 square feet of tillable land. The two proposed southern lots in Sections 17 and 18 cover approximately 168,700 square feet of tillable land. As noted at page 2 of the Rezone Application form,40% of the land to be rezoned is"in cropland." It should also be pointed out that the land proposed for rezoning is classified as "Prime Farmland" and "Farmland of Statewide Significance" in the Land Use Plan. 3. As noted in the file in this matter, the proposed rezoning affects the headwaters of an intermittent stream tributary. The proposed rezoning also anticipates access to the residential lots across significant,deep slopes,as well as residential development in woodland areas(60%