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• COMPOSITE REPORT - Page 2 CUP No. 1402 DANE COUNTY PLANNING DIVISION STAFF COMMENTS BACKGROUND A. The applicant is requesting a conditional use permit to allow construction of a governmental use in the A-1 Agriculture District. The Sun Prairie Area School District is constructing a 117,000 sq. ft. middle school on the 26 acre property. B. The subject property is currently in the Town of Burke, immediately west of Thompson Drive and the City of Sun Prairie municipal limits. The property is within the Sun Prairie Urban Service Area. C. A chronology of events affecting this property over the past six months: • July 12, 1996: Property owner petitions for annexation to City of Sun Prairie. • September 3: City approves (1)the petition to annex the subject property, (2) an annexation agreement specifying responsibilities for public improvements, (3) SR-4 Suburban Residential zoning for the property, (4) a conditional use permit for the school, and (5) a CSM dividing off the school site. • October 10: After State DIHLR approval, City issues permit for School District to begin construction of foundation and footings. • October 15: City and School District enter"pre-development agreement" further delineating District responsibilities in developing site and providing public improvements, such as sanitary sewer facilities and laterals. • November 5: State DIHLR approves building plans. • November 8: Town of Burke files lawsuit in Dane County Circuit Court contesting validity of annexation. Section 59.97(7) of State Statutes provides that "in the event an ordinance of annexation is contested in the courts, the county zoning shall prevail and the county shall have jurisdiction over the zoning in the area affected until ultimate determination of the court action." • November 27: Applicant's agent files petition for conditional use permit with Dane County Zoning Division. • December 19: County Zoning issues"stop work order" because development proceeding without County CUP, zoning permit, and erosion control permit. II. ANALYSIS A. The subject property has been in agricultural use. The property fronts onto Thompson Road which is located in the Town. The property is within 500 feet of the intersection of Thompson Road and STH 19. B. The School District's proposed site plan shows a single story 117,000 sq. ft. middle school, athletic fields, two parking lots including 155 spaces, and a future parking area for 55 spaces (see Exhibit A). The site plan also shows two driveway access points onto Thompson Drive and two onto a westerly extension of Montana Avenue. The site plan also shows a sidewalk and a bike path along Thompson Road. Through a development agreement with the City of Sun Prairie, the School District agreed to construct Montana Avenue, the sidewalk, and the bike path. The City approved the site plan as presented in Exhibit A as part of its conditional use permit process.