1. Call to Order.  The regular meeting of the Town of Sun Prairie Plan Commission was called to order at 7:00 p.m.  The following members were present:  Chairman Roger Fetterly, Jane Fiala, Dot Havens, Paul Stang, John Quimby and Doug Yelk.  Absent, excused: Allen Meyer.
  2. Public Notice.  Notice of the meeting was mailed to Plan Commission members and posted on the three Town bulletin boards on November 11, 2014.
  3. Approval of the minutes of previous meeting.  Hearing no objections, October 20, 2014 Plan Commission meeting minutes were approved as submitted.
  4. Recess for comments by visitors:  No public comments were presented.
  5. Public hearing on proposal by Steve Tubbs:  Allow public comment on a petition by Steve Tubbs to combine and rezone lot 2 (CSM 11221) and lot 3 (CSM 8263) from RH-1 Rural Homes to a 6.28 acre lot zoned RH-2, Rural Homes, on the south side of Deer Creek Run, Section 17, Town of Sun Prairie.
    Vince Maly and Michael Devenish, adjacent property owners, appeared seeking information. Mr. Maly asked how many animal units would be allowed and would boarding of horses be permitted?  Response was one animal unit per acre, or a maximum of 6, and no boarding of horses is permitted under RH zoning, except those of the property owner(s).
  6. Consider and take action on Tubbs petition:  Motion by Quimby/Fiala to approve the request as proposed.  Motion Carried, 6-0-1.
  7. Consider and take action on a preliminary plan by James Muir.  Petitioner Muir requests that the requirement to comply with the 1994 Developer’s agreement, as amended August 23, 2004, be rescinded and allow construction of a home and an auxiliary building on a 36.94 acre parcel zoned RH-4, Rural Homes, on the north side of Deer Creek Run, Section 17, Town of Sun Prairie.

    Discussion:
    a. The issue regarding the developer’s agreement as amended requiring completion of Deer Creek Run extension by the developer to Town specifications before an occupancy permit is issued for any building on lot 1 or lot 2 has not been resolved.
    b The plot map showing the proposed driveway using approximately 200 ft of the dedicate right-of-way to access the lot should not be permitted.
    c. Petitioner was not agreeable to completion of the road extension or posting a security bond of 125% of the estimated cost of the road.
    d. Does the Town wish to retain the right-of-way for future use or vacate it?  Who should be held responsible for the cost of completing the road?
    e. Question from Maly and Devenish?  Could the existing right-of-way be used as it currently exists by agricultural equipment for access to agricultural land at the east end?
    f.  Other questions?  Who owns the right-of-way? Has it been dedicated to the Town?  Is it a public thoroughfare and/or public property?
    g. Is the current developer’s agreement a valid agreement and does it apply to the successor to the original developer?

    Motion by Yelk/Stang to postpone action on Muir request until the December 15 meeting and seek legal council on the questions in items 7 d, e, f, and g above.   Motion carried. 

  8. Set Next Regular Meeting Date.   The next regular meeting date of the Town of Sun Prairie Plan Commission is scheduled for December 15, 2014 at 7:00 p.m.
  9. Adjournment.  The meeting adjourned at 9:15 p.m.

Respectfully submitted for the record.
Roger Fetterly, Chair