1. Call to Order. The regular meeting of the Town of Sun Prairie Plan Commission was called to order at 7:00 p.m. by Chairman Roger Fetterly. Members present other than Chairman Fetterly were: Jennifer Deuster-Loesch, Alan Meyer, Judy Stang, Carl Williamson and Doug Yelk. One member, Kennan Crothers was absent. Also present was Claudia Quick, Town Clerk.
  2. Public Notice. Notice of the meeting was posted on three town bulletin boards on January 11, 2005 and was mailed to members on the same date.
  3. Minutes Approval. Hearing no objections, Chairman Fetterly approved the minutes of the December 20, 2004 meeting.
  4. Public Comment. There was no public comment.
  5. Public Hearing on Application #9167/Anna Veronica Dollard Family Trust by John Dollard. Chairman Fetterly opened the public hearing to allow comment on application #9167 by John Dollard (representing the Anna Veronica Dollard Family Trust) to rezone a 60.1 acre farm consisting of three parcels from A-1 (Ex) Agriculture into two A-2 Agriculture parcels, one of which consists of 28 acres and another which consists of 32.1 acres, to settle an estate at 4898 Ridge Road in Section 36, Town of Sun Prairie. Two citizens appeared to give public testimony with regards to the tree line on the northern edge of the property in question. The citizens wanted to know whose property the trees were on. John Dollard explained that he did not know and Mr. Birrenkott gave a general explanation as to surveying. After explaining that the ownership of the trees was not something for the plan commission to answer, Chairman Fetterly closed the public hearing.
  6. Action on Application #9167/Anna Veronica Dollard Family Trust by John Dollard. In discussion, various questions where raised on the following items: (1) clarification as to the amount of acreage of the two parcels – divide at the road., (2) specifics of plan to divide the farm – sell Eastside of farm and hold the Westside, and (3) would the parcels be deed restricted to no further development – yes.

    Motion by Stang/Yelk to approve application #9167 by John Dollard (representing the Anna Veronica Dollard Family Trust) to rezone a 60.1 acre farm consisting of three parcels from A-1 (Ex) Agriculture into two A-2 Agriculture parcels, one of which consists of 28 acres and another which consists of 32.1 acres, to settle an estate at 4898 Ridge Road in Section 36, Town of Sun Prairie with the condition that there be deed restrictions for no further residential development. The motion carried with six ayes and one absent.

  7. Public Hearing on Application # 9165/Joan Veith, David Benesh, et al by Jim Lowry. Chairman Fetterly opened the public hearing to allow comment on application # 9165 by Jim Lowry (representing Joan Veith, David Benesh, et al) to create an A-B Agriculture Business parcel of no more than 7 acres from a 22.0 acre A-2 Agriculture parcel for sales, storage and parking associated with organic farming North of Pierceville Road, in Section 35, Town of Sun Prairie. Joan Veith was initially the only party present and she contacted the other parties to inform them that there was a hearing on their application. Jim Lowry arrived after some time. Two citizens, David Grob and Kathy Harry, appeared to give public testimony. Both Mr. Grob and Ms. Harry stated that they did not believe the road could support the additional traffic that a business would generate. Mr. Grob was additionally concerned with what types of activities could be conducted at the proposed Agri-business. The plan commission then explained that the permitted uses were previously limited to only those authorized under Dane County Ordinance, sections 10.121(2) (b), (d), (e) and (f) as follows: (b) sales distribution, mixing, blending and storage of feeds, seeds and fertilizer; (d) processing and preserving of natural agricultural products, fruits and vegetables; (e) sales, service and repair of lawn and garden equipment; and (f) sales and distribution of nursery stock and plants. It was also pointed out that there would also be a deed restriction prohibiting further residential development. Chairman Fetterly then closed the public hearing.
  8. Action on Application # 9165/Joan Veith, David Benesh, et al by Jim Lowry. In discussion, it was suggested that action on the application be tabled in light of the fact that not all of the interested parties were present and that Jim Lowry was not aware that the application was on the evening’s agenda so that he was not prepared.

    Motion by Yelk/Williamson to table action on application # 9165 by Jim Lowry (representing Joan Veith, David Benesh, et al) to create an A-B Agriculture Business parcel of no more than 7 acres from a 22.0 acre A-2 Agriculture parcel for sales, storage and parking associated with organic farming North of Pierceville Road, in Section 35, Town of Sun Prairie with the following conditions: (1) that there be a deed restriction prohibiting further residential development, and (2) limit the permitted uses to only those authorized under Dane County Ordinance, sections 10.121(2) (b), (d), (e) and (f) as follows: (b) sales distribution, mixing, blending and storage of feeds, seeds and fertilizer; (d) processing and preserving of natural agricultural products, fruits and vegetables; (e) sales, service and repair of lawn and garden equipment; and (f) sales and distribution of nursery stock and plants. The motion carried with six ayes and one absent.

  9. Consideration and Action on Preliminary Plan by Fred Schuster. Chairman Fetterly commenced discussion on the preliminary plan by Fred Schuster to rezone approximately 7 acres of a 37 acre farm from A-1 (Ex) Agriculture to a subdivision of six R-1 and R-1A lots North of 5824 Prospector Lane in Section 12, Town of Sun Prairie.

    Fred Schuster presented his preliminary plan and answered questions as to his plans (whether or not the land in question typically has standing water, plans for individual driveways and culverts, potential damage to existing road from construction equipment, and the timetable for the plat). Chairman Fetterly distributed the Land Evaluation Analysis of Soil Management Units (LESA) of the subject land. The analysis showed a weighted score of 78.9 which demonstrates productive farmland that normally would dictate against development except that the land in question is in an area designated for potential residential development per the Town’s Comprehensive Plan (see Appendix E subparagraph E subparagraph 2).

    Motion by Yelk/Stang to give preliminary approval to the preliminary plan to rezone approximately 7 acres of a 37 acre farm from A-1 (Ex) Agriculture to a subdivision of six R-1 and R-1A lots North of 5824 Prospector Lane in Section 12, Town of Sun Prairie with the following conditions: (1) that a minimum of 14 acres be placed in a conservation easement, (2) that the remainder of the farm be rezoned to A-2 Agriculture, and (3) that there be deed restrictions for no further residential development on the remainder of the farm. The motion carried with six ayes and one absent.

  10. Consideration and Action on Preliminary Plan by Yer Yang and Ge Vang. Chairman Fetterly commenced discussion on the preliminary plan by Yer Yang and Ge Vang to rezone 15 acres from A-1 (Ex) Agriculture to the following three residential lots: Lot #1, 9.63 acres, RH-3; Lot #2, 3.11 acres. RH-1; Lot #3, 2.25 acres, RH-1; at 4901 County Highway N in Section 33 Town of Sun Prairie.

    Yer Yang and Ge Vang presented their preliminary plan, with the assistance of Mr. Birrenkott, and handed out a revised plan and answered questions as to the specifics of their plan and their desire to have their family live close to them. The revised plan showed lot #1 with 40,000 sq ft, R-1; lot #2 with 13.0 acres, RH-3; and lot #3 with 40,000 sq ft, R-1. Mr. Birrenkott pointed out that this plan differs from previous plans in that the lot sizes have been reduced and an effort has been made to reduce the impact on prime farmland by for instance creating lots where old barn foundations lay. It was also discussed, that Dane County had approved the proposed driveway access and there was general discussion of the land in question.Chairman Fetterly then distributed the Land Evaluation Analysis of Soil Management Units (LESA) of the subject land. The Analysis was done on the application as originally submitted to the Plan Commission. The analysis for proposed lot #1 showed a score of 65. The analysis for proposed lot #2 also showed a score of 65. The analysis for proposed lot # 3 showed a score of 80.6. The analysis for proposed lot #4 showed a score of 89.3. When the analysis of all the proposed lots was combined the weighted score was 80.5 which demonstrates productive farmland that would dictate against development per the Town’s Comprehensive Plan (see Appendix E subparagraph E subparagraph 2).

    Chairman Fetterly then stated that he did not like the proposed plan because of its effect on prime farmland and because of its location off of Highway N. Other members also concurred. It was then discussed, that the Cottage Grove/Town of Sun Prairie joint ad hoc committee was discussing creating a business corridor that would encompass the land in question. Mr. Birrenkott then expressed his belief that the soil maps used for the LESA analysis were not very accurate and that the process was unfair. Chairman Fetterly then explained the Dane County soil maps were what the Plan Commission had to work with unless Mr. Birrenkott could come up with more accurate maps. Ge Vang then expressed his frustration at his neighbor’s ability to rezone to allow a photography business and his inability to rezone so as to allow space for his family to build homes. Member Stang then suggested that perhaps the proposed plan could be modified to include only the proposed lots with the lower LESA numbers so as not to adversely affect prime farm land. Member Meyer then stated that he did not have a problem with proposed lot 1 (the old foundation) but he did have a problem with proposed lot 3. Much discussion then ensued as to possible modifications of the proposed plan and that perhaps building a duplex on proposed lot 1 would satisfy everyone’s needs and concerns. There was then discussion of the maps in the appendix of the master plan.

    Motion by Stang/Williamson to give preliminary approval to the preliminary plan to rezone from A-1 (Ex) Agriculture the proposed lot 1 as R-3A and to rezone from A-1 (Ex) Agriculture the remainder of the land as A-2 at 4901 County Highway N in Section 33 Town of Sun Prairie with the following conditions: (1) that a minimum of 2 acres be placed in a conservation easement, and that there be deed restrictions for no further residential development. The motion carried with five ayes, one nay, and one absent.

  11. Consideration and Action on Preliminary Plan by Kennan Crothers. Chairman Fetterly commenced discussion on the preliminary plan by Kennan Crothers to create eight R-1 residential lots from three existing residential lots consisting of 7.26 acres which are currently zoned RH-2 and R-1A on Manley Drive in the East End Plat in Section 10, Town of Sun Prairie.

    Cory Crothers presented the preliminary plan on behalf of Kennan Crothers. He distributed addendums A through C and briefly explained the plan and the style of the proposed houses and locations of the garages. He also explained that Kennan Crothers was planning to purchase the acreage from the Church and add additional homes to recoup his expenses on the substantial rain garden that he installed.

    Member Meyer verified that all of the proposed driveways would come off of Manley Drive and asked general questions as to the proposed homes and Manley Drive. The slight bend in Manley Drive was then discussed as being a reason that some of the proposed lots would be less than 40,000 sq. ft. Member Stang stated that a problem with the proposed plan was that the lot sizes of some of the lots was not in accordance with the Plan and that aside from that fact the Town would not be able to rezone 8 parcels due to the annual lot limit. A discussion then ensued as to the proper interpretation of paragraph e on page 56 of the Plan and whether or not the rezoning requested by Mr. Crothers counted toward the annual lot limit. Member Yelk stated that this issue needed to be dealt with as it was going to come up at each meeting. Member Stang stated that she was going to attempt to clarify the language for the next meeting. Cory Crothers expressed Kennan’s desire to hold off on the plan until his return if it was deemed prudent.

    Motion by Williamson/Yelk to table action on the preliminary plan by Kennan Crothers to create eight R-1 residential lots from three existing residential lots consisting of 7.26 acres which are currently zoned RH-2 and R-1A on Manley Drive in the East End Plat in Section 10, Town of Sun Prairie, until the next meeting. The motion carried with six ayes, and one absent.

  12. Next Agenda. It was noted that the following items would most likely be on the agenda: (1) public hearing and action on Kirk Blaska’s application; (2) second public hearing and action on application #8879 [Lowery/Veith/Benesh/Kohn]; (3) preliminary plan of Kennan Crothers; (4) Mr. Steinhoffer; and (5) residents on Bailey Road intending to purchase land from Mr. Thurston.
  13. Next Regular Meeting Date. The next regular meeting of the Town of Sun Prairie Plan Commission was set for February 21, 2005 at 7:00 p.m. at the Town Hall.
  14. Adjournment. The meeting adjourned at 10:20 p.m.

Submitted for the record,

Jennifer A. Deuster-Loesch, Secretary