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• • COMPOSITE REPORT - Page 2 Application No. 6752 DANE COUNTY PLANNING DIVISION STAFF COMMENTS BACKGROUND A. The applicant is requesting rezoning from A-1 Exclusive to RH-4 Rural Homes to allow the division and sale of five lots for residential development. B. The subject property is in the Town of Black Earth west of CTH F. The approximately 28 acre property is broken into two areas: a 16.2 acre area south of Sutcliffe Road and an 11.8 acre area north of Sutcliffe. The properties are in a rural area 1.5 miles southwest of the Village of Black Earth. II. ANALYSIS A. The subject properties are primarily in open pasture, although portions include woodland and cropland. The surrounding area is characterized by generally agricultural uses, wooded slopes and ridges, and hilly topography(see Exhibit A). B. The proposed rezoning appears consistent with town/county plans for this agricultural preservation area(see RPC staff comments). These five lots would be divided from 320 acres owned by the applicant. This acreage would allow up to nine splits under the 35 acre density standard (one of these has already been used). C. Exhibit A shows the proposed land division plan as per submitted preliminary CSMs. Two lots are proposed for the northern area(labeled 1 and 2), with three for the southern area(labeled 3, 4, and 5). The intent for Lots 1 and 2 appears to be to place homes in openings on the hillside, instead of in agricultural lands immediately north of Sutcliffe Drive. Lots 3, 4, and 5 would be divided from a larger lot created by CSM in 1983. D. This request, if approved, would result in poor(although legally acceptable)land division design for the following reasons: 1. Proposed Lots 1, 2, 3, and 4 would be flag lots with the minimum required 66 feet of street frontage. Long flags make emergency access and any future divisions potentially problematic. 2. Lot 1 has an extremely long (1/2 mile+) and undulating flag stem. If a driveway is constructed in that stem, it would have to cross land in agricultural use and probably the tributary to Black Earth Creek. 3. An existing driveway to a home on top of the ridge north of the southern three lots appears to cross portions of Lots 3, 4, and 5. E. The Shoreland District extends 300 feet from either side of the tributary to Black Earth Creek. If a driveway within that district requires filling and grading, a special exception permit must first be obtained from the County Board of Adjustment. A DNR permit will also be required for any driveway stream crossing. F. All lots contain areas of significant slope, exceeding 20 percent in some places. To protect against excessive soil erosion, homes should be sited away from the greatest slopes and effective erosion control practices should be implemented. The Town is responsible for issuing erosion control permits.