Plan Commission Minutes for January 18, 2016

Call to Order.  The regular meeting of the Town of Sun Prairie Plan Commission was called to order at 7:05 p.m.  The following members were present:  Chairman Roger Fetterly, Jane Fiala, Dot Havens, Alan Meyer, John Quimby, and Doug Yelk.  Absent: Paul Stang.

Public Notice.  Notice of the meeting was mailed to Plan Commission members and posted on the three Town bulletin boards on January 12, 2016.

Approve the minutes of previous meeting.  Hearing no objections, December 21, 2015 minutes were approved as submitted.

Recess for comments by visitors:  No one appeared.

Public Hearing on Kleckner CSM Application.  Allow public comment on CSM application #9828 by Kevin and Stephanie Kleckner to merge Savannah Valley residential lots 12 and 13 into a 1.017 acre lot for a single family detached residence at Grassland Terrace, Section 12, Town of Sun Prairie.
Jim Hamilton, 1807 Yelk Rd, Savanna Valley, representing the Savanna Valley Homeowners Assoc. spoke in support of the CSM.

Consider and take action on Kleckner application.  Motion by Yelk/Quimby to approve Kleckner’s CSM application #9828 to merge lots 12 and 13 on Grassland Terrace into one new single family residential lot. Motion carried.

Set Next Regular Meeting Date.   The next regular meeting date of the Town of Sun Prairie Plan Commission is scheduled for February 15, 2016 at 7:00 p.m.

Adjournment.  The meeting adjourned at 7:55 p.m.

Respectfully submitted for the record,
Roger Fetterly, Chair

Plan Commission Minutes for December 15, 2014

  1. Call to Order.  The regular meeting of the Town of Sun Prairie Plan Commission was called to order at 7:05 p.m.  The following members were present:  Chairman Roger Fetterly, Jane Fiala, Dot Havens, Alan Meyer, Paul Stang, John Quimby and Doug Yelk.  Also present:  Town attorney, Mark Hazelbaker, James Muir, Vince Maly and Michael Devenish.
  2. Public Notice.  Notice of the meeting was mailed to Plan Commission members and posted on the three Town bulletin boards on December 9, 2014.
  3. Approval of the minutes of previous meeting.  Hearing no objections; November 17, 2014 Plan Commission meeting minutes were approved as submitted.
  4. Recess for comments by visitors:  No public comments were presented.
  5. 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Muir requests that the requirement to comply with the 1994 Developer’s agreement, as amended August 23, 2004, be rescinded and allow construction of a home and an auxiliary building on a 36.94 acre parcel zoned RH-4, Rural Homes, on the north side of Deer Creek Run, Section 17,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.  In addition consider access issues for properties adjacent to the public right-of-way.

    Mark Hazelbaker was present to provide answers on legal questions related to the petition.  Mark made the following comments:
    a.  The existing Developer’s Agreement remains in effect and applies to the current owners of adjacent properties.
    b.  The Developer’s Agreement requires that as a condition for building a residence(s) on lots 1 and/or 2, the developer is required to build the road.
    c.  CSM 11221 verifies that the unfinished section of Deer Creek Run has been dedicated as a public highway right-of-way and has been accepted by the Town of Sun Prairie.
    d.  Vacating the right-of-way is not a good idea for future planning purposes.
    e.  The law requires that developers are responsible for the cost of road building which serves the property owners who benefit from the road.
    f.  A special assessment could be imposed on adjacent property owners to cover the cost of constructing the road.
    g.  It would be in the best interest of the Town and the owners of the Maly property to keep the property in A-1(ex) agricultural zoning and not sub-divide.
    h.  Consider adopting an official map for planning purposes to show intent to link Deer Creek Run across the Maly property with Parkview Road.
    i.  Proposes a forbearance developer’s agreement involving all benefiting property owners to address further development on property(s) adjacent to the unfinished Deer Creek Run right-of-way.

    Motion by Yelk/Stang to have Mark Hazelbaker draft a Modified Developer’s Agreement requiring the completion of the remaining unfinished section of Deer Creek Run with the cost of construction to be shared among the adjoining property owners before any Certified Survey Maps or building permit(s) would be approved.  Motion carried.

  6. Set Next Regular Meeting Date.   The next regular meeting date of the Town of Sun Prairie Plan Commission is scheduled for January 19, 2015 at 7:00 p.m.
  7. Adjournment.  The meeting adjourned at 9:15 p.m.

Respectfully submitted for the record.
Roger Fetterly, Chair

Plan Commission Minutes for November 17, 2014

  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

Plan Commission Minutes for October 20, 2014

  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, Dot Havens, Al Meyer, Paul Stang, John Quimby and Doug Yelk.  Absent, excused: Jane Fiala.
  2. Public Notice.  Notice of the meeting was mailed to Plan Commission members and posted on the three Town bulletin boards on October 15, 2014.
  3. Approval of the minutes of previous meeting.  Hearing no objections, August 18, 2014 Plan Commission meeting minutes were approved as submitted.
  4. Recess for comments by visitors:  No public comments were presented.
  5. 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 developer’s agreement currently requires 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. Other alternatives were considered.
    b. The proposed map showed the auxiliary building located in the 100 year flood plain.
    c. The site of the home and the driveway needs to be defined more precisely.
    d. Petitioner acknowledged that the road might have to be completed some time in the future but was not agreeable to doing it before obtaining an occupancy permit or posting a security bond of 125% of the estimated cost of the road.

    Motion by Yelk/Stang to postpone action on Muir request until the November 17 meeting.  Motion carried.

  6. Consider and take action on a preliminary plan by Steve Tubbs.  Petitioner Tubbs proposes 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.
    Motion by Stang/Quimby to approve the Tubbs preliminary plan.  Motion carried.
  7. Set Next Regular Meeting Date.   The next regular meeting date of the Town of Sun Prairie Plan Commission is scheduled for November 17, 2014 at 7:00 p.m.
  8. Adjournment.  The meeting adjourned at 9:15 p.m.

Respectfully submitted for the record.
Roger Fetterly, Chair

Plan Commission Minutes for August 18, 2014

  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, Al Meyer, John Quimby and Doug Yelk.  Absent, excused: Paul Stang.
  2. Public Notice.  Notice of the meeting was mailed to Plan Commission members and posted on the three Town bulletin boards on August 13, 2014.
  3. Approval of the minutes of previous meeting.  Hearing no objections, June 16, 2014 Plan Commission meeting minutes were approved as submitted.
  4. Recess for comments by visitors:  No public comments were presented.
  5. Moldenhauer request.  Blair Moldenhauer requests an amendment to his developer’s agreement associated with CSM 11221 to delete the requirement to complete the extension of Deer Creek Run east of the cul-de-sac to the eastern boundary of the CSM in Section 17, Town of Sun Prairie.Discussion:
    a. Town Ordinance 96-1 requires developers to enter into a developer’s agreement which requires the developer to install and cover the cost of all infrastructure improvements to the CSM site and provision of security at 125% of the estimated cost of the improvements to insure completion.
    b. Blair Moldenhauer is not in compliance with the developer’s agreement dated October 20, 1995 and amended on August 23, 2004, in that he has not completed the infrastructure improvements as required or posted the required security.
    c. The August 23, 2004 amendment requires the completion of the Deer Creek Run extension to Town of Sun Prairie specifications before an occupancy permit is issued for any building on Lots 1 or 2.Motion by Quimby/Fiala to deny Moldenhauers request to amend the developer’s agreement to delete the requirement to complete the extension of Deer Creek Run.  Motion carried. 6-0-1.
  6. Set Next Regular Meeting Date.   The next regular meeting date of the Town of Sun Prairie Plan Commission is scheduled for September 15, 2014 at 7:00 p.m.
  7. Adjournment.  The meeting adjourned at 8:20 p.m.

Respectfully submitted for the record.
Roger Fetterly, Chair