Task Force for a Prioritized Revision of Chapter 10 Zoning

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Task Force for a Prioritized Revision of Chapter
10 (Zoning)

• Public Hearing
• April 16th, 2009

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Chapter 10 Task Force

• Established in fall 2007 by County Board
  Resolution 120 (extended through 2009).
• Charged with
• Identifying problematic aspects of the zoning
  code
• Soliciting recommendations for priority code
  revisions
• Reviewing prior amendment proposals
• Working with DCTA, Towns, and County Board to
  resolve top priority issues

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Chapter 10 Task Force continued

• Membership includes representation from
• Dane County Board of Supervisors
• Dane County Towns Association
• Madison Area Builders Association
• Dane County Farm Bureau
• Environmental community
• Two at large members well versed in planning
  zoning

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Public Input

• Recommendations sought from town, city, and
  village officials, landowners, general public,
  and county staff
• Public meetings (17 meetings to date)
• Email / Mail distribution
• Website for info / feedback
• www.countyofdane.com/plandev/Chapter10.aspx
• Public Hearings (Jan. 2008 / April 2009)

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2008 Priorities Enacted Revisions

• Expand the role of towns in the conditional use
  permit process (CUP). (OA 54, 2007-08)
• Towns now have binding authority over CUPs
• Require that rezones and conditional use permit
  applications be reviewed for consistency with
  town and County comprehensive plans. (OA 6,
  2008-09)
• Develop and adopt a small-lot, sub-35-acre
  exclusive agriculture district. (OA 21, 2008-09)
• New A-4 zoning category for parcels 5-35 acres in
  ag use only
• Revise regulations pertaining to the height of
  structures. (OA 33, 2008-09)

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2008 PrioritiesIn Progress

• Develop and adopt a Planned Unit Development
  (PUD) District. (Draft developed, anticipate OA
  spring / summer)
• Builds on 1998 proposed PUD ordinance
• Establishes Rural Urban PUDs
• Develop and adopt a topography ordinance limiting
  the alteration of grade at lot lines. (Draft
  developed, anticipate OA spring)
• Would limit alteration of existing grade within
  5 of lot boundaries
• Minimize stormwater runoff problems onto
  adjoining properties

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2009 Prioritization Exercise

• Considered 29 possible ordinance revisions listed
  in Summary Table (see spreadsheet and 7 page
  attachment)
• Including
• Past ordinance amendment proposals
• Staff recommendations
• Comprehensive plan recommendations
• Others recommended by DCTA, towns, individuals
• Each Task Force member allocated 15 points among
  his / her top 5 priorities (5pts, 4pts, 3pts1pt)

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2009 Selected Priorities(Refer to 2009 Top 5
Selected Priority Revisions handout)

• Expand LC-1 uses, including CUP for Limited Rural
  Business. (OA Summary table ID 22 received 19
  points during task force prioritization exercise)
  
• Broadening the list of permitted and conditional
  uses in the LC-1 district could help accommodate
  rural-based commercial uses. Establishing a new
  limited rural business CUP would provide for
  small-scale commercial uses in existing
  structures.

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2009 Selected Priorities(Refer to 2009 Top 5
Selected Priority Revisions handout)

• Residences in the A-1EX district. (OA Summary
  table ID 2 received 12 points during task force
  prioritization exercise)
• A previous ordinance amendment from 2003 proposed
  removing a residence for a farm owner or
  operator as a permitted use in the A-1EX
  district. This would remove the problematic
  substantial income requirement, while allowing
  the alteration, restoration, reconstruction, and
  replacement of existing residences.
• If adopted, the amendment would replace an
  intrusive, discretionary decision of the zoning
  administrator with town and county board review
  and approval for a zoning change.

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2009 Selected Priorities(Refer to 2009 Top 5
Selected Priority Revisions handout)

• Develop an ordinance regulating wind energy
  systems (OA Summary table ID 18 received 12
  points during task force prioritization exercise)
  
• Under the current code, wind power proposals
  associated with a utility company are essentially
  unregulated the ordinance permits utility
  services in virtually every zoning district. As
  interest in wind power increases, having an
  ordinance regulating wind energy systems in place
  will ensure Dane County is well prepared to
  handle future proposals.
• Such an ordinance could provide a predictable
  process for applicants while protecting the
  interests of property owners and towns.

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2009 Selected Priorities(Refer to 2009 Top 5
Selected Priority Revisions handout)

• Revise accessory structure regulation to
  eliminate differences between residential,
  agricultural, and farm accessory structures. (OA
  Summary table ID 8 received 11 points during
  task force prioritization exercise)
• The current regulations relating to accessory
  structures are poorly designed and confusing.
  Under the current ordinance, accessory structures
  can go from being conforming to nonconforming
  based on ownership and use many times over the
  life of the structure with numerous unintended,
  often negative, consequences.
• A more uniform approach to regulating accessory
  structures would provide predictability and
  consistency in applying the ordinance.

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2009 Selected Priorities(Refer to 2009 Top 5
Selected Priority Revisions handout)

• Revise commercial zoning districts including to
  support mixed residential / commercial uses and
  neighborhood-scale small business uses. (OA
  Summary table ID 1 16 received 8 points
  during task force prioritization exercise)
• In 2000-2001, a former commercial zoning
  subcommittee drafted amendments to the various
  commercial zoning categories. The subcommittees
  recommendations included many common sense
  improvements, such as adding purpose statements,
  and removing some of the most intensive uses from
  the C-2 district and placing them in the M-1
  district (e.g., slaughterhouses).
• In addition to building on the work of the
  former subcommittee, the task force proposes to
  revise the zoning districts to better support
  mixed residential / commercial uses and
  neighborhood-scale small business uses.

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2009 Prioritization continued

• Points also awarded to items
• 23 (Review/revise RH-1 animal unit allowances
  4pts)
• 7 (Update and clarify section 10.16(3)(a)
  relating to substandard parcels 2pts)
• 10 (Modify the Conditional Use Permit standards
  for operation of Limited Family Businesses to
  provide flexibility and wider range of uses
  2pts)
• 11 (Develop ordinance provisions addressing
  plumbing in accessory structures 2pts)
• 21 (Enhanced application of conservancy zoning
  2pts)
• 4 (Delete section 10.16(3)(b) that allows
  consolidation of lots through a deed restriction
  process. All consolidation should be through a
  certified survey map 1pt)

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Other Issues

• Task Force heard from towns / individuals
  concerned with other issues, including
• 66 road frontage requirement for parcels under
  35 acres created by Certified Survey Map (Chapter
  75, Subdivision Code provision)
• Bulk storage of liquid fertilizer (submitted by
  Town of Dunkirk now developing town-level
  ordinance on this issue)
• Cell towers (county-wide tower study under
  consideration to improve sec. 10.194 DCCO)

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Next Steps

• Task Force will consider public input before
  moving forward
• Future meetings will address the priority
  revisions
• When proposed, formal ordinance amendments will
  be considered by towns and at public hearings of
  the Zoning Land Regulation Committee, with
  opportunities for public input.

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Questions?

• New ideas / suggestions always welcome
• Visit Task Force website
• www.countyofdane.com/plandev/Chapter10.aspx
• Contact Staff (Majid Allan 267-2536 email
  allan_at_co.dane.wi.us)