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COMPOSITE REPORT-Page 2 Application Rezoning 6738 and CUP 1379 DANE COUNTY PLANNING DIVISION STAFF COMMENTS I. ' BACKGROUND A. The State Department of Transportation is requesting to rezone excess Right of Way from A-1 Ex to A- 2(4) for 7.782 acres, A-2(2) for 3.872 acres and A-2 for 18.052 acres. The A-2(4) and (2) are on the west side of STH 78 and would be included into two parcels one for each zoning. The remaining A-2 is for the property on the east side of STH 78 B. All rezoning are on the south side of the interchange of STH 78 and USH 18/151 with an overpass of USH 18/151 and exist ramps into a diamond intersection. These properties were originally purchased as the site of the interchange but were not used when the interchange was constructed at the existing adjacent site. C. The west site would be divided for a Park and Ride lot that is the Conditional Use Permit that has been requested. No particular uses of the property other than the CUP are specified on the application. The rezoning is requested as a Delayed Effective Date and a preliminary CSM has been prepared.. II. ANALYSIS A. RPC comments indicate that the site is designated as preservation on the Town plan. RPC comments also indicate that unless purchased by adjacent property owners with substantial ownership few zoning districts are available since these parcels are less than the 35 acre minimum needed in A-1 Ex. The Village of Mt Horeb has plans for commercial development of the north side of the interchange where RPC indicates Urban Services could be extended and Urban Service Area designation already exists. B. The most unusual feature of the property is its location along a divided highway that makes it subject to the county NCO Noise Control Overlay District zoning. This basically requires a 200 foot setback from the divided highway for any residential development. The size of the two parcels adjacent to the divided highway are more than adequate to manage such a requirement. C. The greatest existing activities on both the north and south sides of the interchange are the existing quarry operation. The quarry operation on the south side is immediately adjacent to south side of the A-2 rezoning request on the east side of STH 78. D. The Town Planning commission is scheduled to take up this item on the same evening as the ZNR Public hearing. The Town Board could take the issue up as early as their November meeting. As of this writing the Town did not have a Town Application for a Conditional Use Permit and this item may not be acted upon by the Town on the same schedule as the rezonings. At the time of this writing a field visit meeting had been held by the Planning Commission and Town Board. During the field visit some suggestions were made concerning the potential of swapping some parcels that would be isolated by the development of the proposed rezonings One of these is located just north east of the rezoning on the east side of STH 78. If any of the proposed swaps is completed an adjustment to the descriptions of the rezoning would be needed. E. The largest neighborhood issue in the present proposal is connected with the park and ride lot and potential traffic and lighting impacts. As a sales process for the DOT, the park and ride area is generally being kept out of the sale of the property at this time so the DOT will continue to own this area. At the present time it appears that the DOT does not expect to develop the Park and Ride lot until they perceive a greater need for such a facility. DOT has not budgeted any funds for the development of the facility at this time. It is not necessary for the application for a CUP to be acted upon with this application. There may be a need for different conditions at a future date. It appears the site is not going to be used for at least one year so a CUP will expire in any case. The most likely possibility is that the lot could be developed so far into the future that that different conditions on the CUP would be useful. III CONCLUSIONS A. If a Restrictive Covenant is obtained preventing residential development the proposed rezoning would appear suitable. B. Review of the CUP should wait for additional consideration from the Town that may be delayed longer than action on the rezoning or the CUP application should be dropped entirely.