Dodge County committee recommends approval of multiple rezoning petitions and OKs Gold Star Trail maintenance agreement

The Dodge County Land Resources and Parks Committee on April 14 recommended that the county board approve six separate rezoning petitions affecting towns across the county and approved a maintenance agreement with the Wisconsin Department of Transportation to secure use of right-of-way for phase 2 of the Gold Star Trail.

The recommendations, all passed by voice vote, forward ordinances to the Dodge County Board of Supervisors for final action. The committee also approved a DOT maintenance agreement the county must sign to meet a Department of Natural Resources (DNR) grant requirement.

The most detailed public hearing involved Dean Rossi Jr., agent for Declan Investment Group, LLC, who sought to rezone roughly 7.8 acres in the Town of Ashpen from R2 (two-family residential) to C1 (general commercial) to allow small-business, condominium-style spaces at W2564 Roosevelt Road. County staff said the parcel is within county zoning jurisdiction, is not in the floodplain, and is designated commercial on the county future land use map; staff recommended a favorable report. Rossi said the project has not materially changed from prior presentations: "No. It's kinda been the same principle for the last year that I've been coming to the meetings and and whatnot." The committee voted to submit a favorable recommendation to the county board; an ordinance will be drafted for board consideration.

The committee also recommended favorable action on a petition from attorney Robert Rice, agent for the Marlin and Lorraine Miller Joint Living Trust, to rezone about 25.3 acres in the Town of Eustisford from A1 (prime agricultural) to A2 (general agricultural) so a 25-acre nonfarm residential lot can be created separate from a 68.9-acre base farm tract. Scott Miller, who identified himself as the petitioner, said the purchaser intends to keep the land in its current condition and rent it to farmers. The Town of Eustisford board forwarded a favorable recommendation; staff cited consistency with Chapter 91.48 of the Wisconsin Statutes and the county code. The committee voted to recommend approval to the county board.

A petition by Kevin Raether, agent for Emmanuel Lutheran Congregation of Lebanon, asked to rezone about 5.8 acres in the Town of Lebanon from R1 (single-family residential) to C1 to allow future signage, building, parking and exterior lighting improvements. Kevin Raether said the congregation plans an upgraded digital sign and, in future years, parking lot and lighting improvements and building upgrades. Greg Frederick, Town of Lebanon chairman, and the town board supported the request. Staff noted the site is outside shoreline and floodplain jurisdiction and that the county comprehensive-plan designation is for utilities and community services; staff recommended the committee could make the required findings. The committee voted to forward a favorable recommendation.

Earlier on the agenda the committee reviewed three town-initiated rezoning petitions and recommended favorable reports to the county board: a request from the Town of Hubbard to rezone approximately 7.6 acres from GA (General Agricultural) to an Industrial/Manufacturing zoning district to allow a proposed portable concrete ready-mix plant (staff said the site is not in county zoning jurisdiction and not in shoreland/floodplain); a petition identified for "Margie Camps" to rezone about 4.9 acres under the Town of Goose Dam zoning ordinance from R1 to R2 to permit a condominium plat of three to four buildings with two units each (staff: area located within shoreland and floodplain jurisdictions; town forwarded a favorable recommendation); and a petition for Ryan M. Hoppe to rezone roughly 2 acres in the Town of Chester from Farmland Preservation zoning to AG (General Agricultural) to allow lot configuration changes (site partially in shoreland and floodplain jurisdictions). For each town rezoning, staff walked the committee through the approval criteria in section 2.34 of the Dodge County Land Use Code and cited the relevant Wisconsin statute allowing county oversight of town zoning amendments (60.62(3)). The committee voted to recommend approval of each petition; the county board will make final decisions.

On infrastructure, staff described a maintenance agreement with the Wisconsin Department of Transportation that grants the county permission to place a trail within DOT right-of-way for phase 2 of the Gold Star Trail. Staff said the agreement runs 25 years and automatically renews annually until terminated; DOT will not pay maintenance costs and the county is responsible for trail upkeep. Staff also said the DNR requires documentation of property control for the grant and that the grant administrator needs a signed agreement to commit funds by the end of April. The committee voted to approve the maintenance agreement for Gold Star Trail phase 2.

Committee members moved and seconded each recommendation; votes were recorded by voice and taken without roll-call tallies in the public record. For every rezoning petition the committee concluded the application materials and public-hearing record provided sufficient information and that the approval criteria in the county code could be met. In each case the committee directed staff to draft an ordinance effectuating the recommendation and submit it to the Dodge County Board of Supervisors for final action.

The committee meeting closed after a brief discussion about comprehensive-plan timing and meeting scheduling. The county board will consider the ordinances and the DOT maintenance agreement at its next meeting; the DNR grant timeline was cited as a reason the county needs a signed maintenance agreement promptly.