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, Kennan Crothers, Alan Meyer, Judy Stang, and Doug Yelk. Carl Williamson resigned leaving a vacancy as of 2-21-05. Also present was Claudia Quick, Town Clerk.
  2. Public Notice. Notice of the meeting was posted on three town bulletin boards on February 15, 2005 and was mailed to members on the same date.
  3. Minutes Approval. After hearing two corrections to the minutes (revision of the application numbers in paragraphs 7 and 8 from #8879 to #9165 and correction of the page numbering), Chairman Fetterly approved the minutes of the January 17, 2005 meeting.
  4. Public Comment. There was no public comment.
  5. Public Hearing on Application # 9165/Joan Veith, David Benesh, Mike Kohn, 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, Mike Kohn et al) to rezone 22.0 acres from A-1 (Ex) to a 15 acre parcel zoned A-2(8) for the production of organic agriculture products and a 7.0 acre parcel zoned A-B Agriculture Business for the sale, storage and parking associated with organic farming North of 4925 Pierceville Road, in Section 35, Town of Sun Prairie.

    Many citizens appeared to give public testimony against the application. The citizens were as follows: Cheri and Ted Krisher, Joe Kaltenberg, Kathy Harry, Tom Viken, Tom Sanders, Tim Lamb, Craig Haberkorn, David Grob, and Blake George. Attorney for Blake George, Michael Christopher of Dewitt, Ross and Stevens, also spoke against the application. The citizens’ concerns are summarized as follows: (1) increased traffic on Pierceville Road; (2) the aesthetics of the proposed shed, greenhouse, parking lot and landscaping; (3) potential for noxious weeds; (4) devaluation of the citizens’ properties; (5) nearby non-organic farming practices may be incompatible with organic farming plans — flooding and run-off will carry chemicals to the property; (7) Mr. Lowry’s and Mr. Kohn’s alleged unwillingness to call a neighborhood meeting; (8) fear of more rezoning; (9) concern over lighting and hours of operation; (10) inappropriateness of location for a business; and (11) inability to predict what owners after Mr. Kohn will do on the rezoned property, eg. America’s Best in Cottage Grove.

    Mr. Lowry and Mr. Kohn spoke in favor of the application. Their comments are summarized as follows: (1) expect light traffic of 3-4 customers a day and a truck to transport goods to market; (2) land will lie fallow for 3 years to get certification; (3) plans to mainly sell at Farmer’s Markets; (4) plans for nice shed and greenhouse; (5) no longer want the small engine repair; (6) will not hold nearby farmers liable for natural run-off; and (7) limited lighting on property for security reasons. Chairman Fetterly then closed the public hearing.

  6. Action on Application # 9165/Joan Veith, David Benesh, Mike Kohn, et al by Jim Lowry. In discussion, various items were discussed: (1) traffic on Pierceville Road and what can be done about speeding; (2) sanitation plans; (3) nature of water run-off; (4) non-conforming nature of properties’ present zoning; (5) business would be open April thru November; (6) the possibility of eliminating the onsite sales that would necessitate A-B Agriculture Business zoning; and (7) a request by Mr. Lowry to table action until the next meeting so as to allow Mr. Kohn time to meet with neighbors.

    Motion by Stang/Deuster-Loesch to table action until March 21, 2005 on application # 9165 by Jim Lowry (representing Joan Veith, David Benesh, Mike Kohn, et al) to rezone 22.0 acres from A-1 (Ex) to a 15 acre parcel zoned A-2(8) for the production of organic agriculture products and a 7.0 acre parcel zoned A-B Agriculture Business for the sale, storage and parking associated with organic farming North of 4925 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), 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; and (f) sales and distribution of nursery stock and plants. The motion carried with six ayes.

  7. Consideration and Preliminary Action on Application #9199 and CUP #1953 by Heidi Kuhman. Chairman Fetterly commenced discussion on the preliminary plan by Heidi Kuhman to rezone approximately 7.3 acres from A-1 (Ex) Agriculture to a 1.5004 acre parcel zoned C-1 Commercial and a 5.6271 acres parcel zoned A-2 (4) to create a garden and nursery business, including construction of greenhouses, growing and selling plants, selling pottery, garden art and related items at 3577 Bailey Road in Section 30, Town of Sun Prairie.

    Heidi Kuhman presented her preliminary plan and answered questions as to her plans as follows: (1) five year plan including nature of planned buildings and display gardens; (2) neighbors for the business; (3) DOT has given verbal approval for commercial access off of County T; (4) May thru December are planned months of operation; (5) parking exceeds County requirements; (6) nature of items to be sold; (7) applicant has a landscape design degree and master gardener certificate; (8) nature of planned greenhouses – no lights inside and only plans for a garage heater; (9) composting plans for waste materials; (10) water retention plans; and (11) plans to have a gravel parking lot rather than a paved one.

    Chairman Fetterly distributed the Land Evaluation Analysis of Soil Management Units (LESA) of the subject land. Chairman Fetterly expressed his belief that a LESA analysis was not required. The analysis was for the entire 7.3 acres and showed a weighted score of 78.25 which demonstrates productive farmland that would dictate against development per the Town’s Comprehensive Plan (see Appendix E subparagraph E subparagraph 2). Chairman Fetterly stated that the actual area to be rezoned C-1 Commercial is non-prime farmland.

    Motion by Fetterly/Stang to give preliminary approval to the preliminary plan to rezone approximately 7.3 acres from A-1 (Ex) Agriculture to 5.6271 acres parcel zoned A-2(4) and a 1.5004 acre parcel zoned C-1 Commercial limited to retail and service uses associated with a garden center/nursery business with a conditional use permit (CUP) for Agricultural uses in C-1 Commercial for greenhouse/nursery business at 3577 Bailey Road in Section 30, Town of Sun Prairie with the following items to be addressed at the next meeting: (1) restriction of hours of operation, night lighting, and signage; (2) traffic; and (3) plans for drainage.

    The motion carried with five ayes and one nay.

  8. Consideration and Action on Preliminary Plan by Gary Damrow. Chairman Fetterly commenced discussion on the preliminary plan by Gary Damrow to rezone 4.7 acres of a 38.6 acre parcel from A-1 (Ex) to RH-2 to separate farm buildings from the remainder of the farm in anticipation of selling farmland at 1696 CTH T, Section 13, Town of Sun Prairie. Gary Damrow was not present due to his work schedule and Claudia Quick presented his application. There was a brief discussion as to the Comprehensive Plan addressing such a situation on page 57 paragraph e. Motion by Yelk/Deuster-Loesch to give preliminary approval to rezone 4.7 acres of a 38.6 acre parcel from A-1 (Ex) to RH-2 to separate farm buildings from the remainder of the farm in anticipation of selling farmland at 1696 CTH T, Section 13, Town of Sun Prairie. The motion carried with six ayes.
  9. Consideration and Action on Preliminary Plan by Alden Bosben. Chairman Fetterly commenced discussion on the preliminary plan by Alden Bosben to rezone part of a 61.382 acre parcel from A-1 (Ex) to RH-1 Rural Home for a single family residence at the south end of Bosben Road in Section 29, Town of Sun Prairie.
    Alden Bosben distributed the proposed site plan and presented his preliminary plan and answered questions as to his plan as follows: (1) explained the proposed shared driveway/agricultural drive and its length; (2) 1 acre so as to meet the minimum lot size; (3) 13% slope of proposed site; and (4) his willingness to put a minimum of 10 acres into a conservation easement.

    It was then discussed, that theTown Board had stated that it thought that while the Comprehensive Plan was a good guide that sometimes other factors such as conservation easements may come into play. Doug Yelk then stated that he had walked the site and agreed with Mr. Bosben’s view of the slope grade on the site, eg. not farmable. Alan Meyer then discussed the LESA score from the October 2004 meeting which was 77.9 and dictated against development but did not take into account the slope of 13%. There was then discussion by Chairman Fetterly as to the nature of the land and whether there was any wooded land for a conservation easement. Jennifer Deuster-Loesch requested clarification as to the LESA results. Chairman Fetterly then raised the question as to whether or not the commission wanted to consider allowing residential development in exchange for a large conservation easement. Discussion as to this question then followed as well as discussion as to the nature of the conservation easements per the Town Ordinance.

    Motion by Yelk/Crothers to give preliminary approval to the preliminary plan by Alden Bosben to rezone part of a 61.382 acre parcel from A-1 (Ex) to RH-1 Rural Home for a single family residence at the south end of Bosben Road in Section 29, Town of Sun Prairie with a twenty acre conservation easement on the southern most twenty acres of the property. The motion carried with the roll call vote as follows: (1) Ayes – Crothers, Meyer, Stang, and Yelk; and (2) Nays – Deuster-Loesch and Fetterly.

  10. Consideration and Action on Request by John Dollard. Chairman Fetterly commenced
    Discussion on a request by John Dollard to remove the “no further residential development deed restriction” on application #9167 which was approved at the January 17, 2005 Plan Commission Meeting. John Dollard explained his desire to have the restriction lifted – down the road there may be plans for residential development. Doug Yelk explained the reason for the deed restriction was so that Mr. Dollard would have to come back to the Board prior to building a house and that neighbors had expressed opposition to further development at the time of approval of the application. John Dollard then wanted to know how difficult it would be to rezone. Doug Yelk and Chairman Fetterly then explained that it would be the same process. Motion by Stang to remove the deed restriction and there was no second. The motion failed.
  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.
    Kennan Crothers presented his revised plan which now had all the lots meeting the square footage requirements but still required a variance for the frontage on the road. Kennan Crothers then expressed his view that his interpretation of the plan would not count his request as part of the 1.2% annual limit on lots.

    There was then lengthy discussion as to the purpose of the language on page 56 of the plan with Judy Stang, Alan Meyer and Blake George stating that their understanding of the paragraph in question was that its whole purpose was to limit growth. Doug Yelk then stated that he still had questions as to the second sentence but that in this case he felt that the proposal falls under the 1.2% limit. Jennifer Deuster-Loesch stated that as she was not part of the planning/drafting process she did not feel that she could speak to the intent behind the language. Chairman Fetterly stated that this was something to be addressed in an amendment and that the Commission could not just change the language. Doug Yelk agreed stating that the Commission needs to clarify the language and go ahead and amend the Plan. Blake George agreed that the plan language needs to be clear so that citizens know what to expect.

    Chairman Fetterly then stated that the lots for the year were already at nine which would not accommodate the present request for five new lots. Chairman Fetterly then asked if there were any objections to Kennan Crothers coming back with the plan in January 2006; there were no objections. Kennan Crothers asked if there were any objections to his plan other than the lot limit; the plan commission members stated that there were none. There was then a brief discussion of possibly not allowing plans with Plat requests until a couple of months into the year so as to prevent the lot limit being met after the first meeting of the year.

  12. Consider suggested language clarification in the Comprehensive Plan. Discussed somewhat in paragraph number 11 above but to be further discussed at the next meeting.
  13. Next Agenda. Given the late time this item was not discussed.
  14. Next Regular Meeting Date. The next regular meeting of the Town of Sun Prairie Plan Commission was set for March 21, 2005 at 7:00 p.m. at the Town Hall.
  15. Adjournment. The meeting adjourned at 11:25 p.m.

Submitted for the record,

Jennifer A. Deuster-Loesch, Secretary