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Plan Commission Minutes
Oct 18, 2018
PDF Version: 56562_2018-Oct-18_Plan Commission Minutes.pdf


  1. Open Public Hearing:

Chairman Brian Duffin tabled the public hearing for Petition #DCPREZ-2018-11344 from Greenscapes LLC due to the amended petition not being available.  Mr. Fleming is working with Majid Allan at the county to amend the petition from C-2 to a different zoning category.  Greenscapes can stay at their current location until April 2019.  Duffin would like to discuss the petition during public comments to narrow down the uses and allow the neighbors to ask questions.   

  1. Land Rezone Request.  Petition # DCPREZ-2018-11344.  Parcel #0509-172-8000-9 and 0509-172-8500-4; 5995 County Highway D, Oregon, WI  53575.  The request is to rezone 18.272 acres from A-1Ex to C-2 and 3.6 acres from LC-1 to C-2.  No new building sites will be created.  Greenscapes would like to conduct retail sales of plants, flowers, trees, mulch, stone, landscape block, dirt and sod that would be grown on site.  Owner is Greenscapes RE LLC, 2960 Triverton Pike Dr., Fitchburg, WI  53711.  Applicant is Jake Fleming, 2960 Triverton Pike Dr., Fitchburg, WI  53711.


  1. Close Public Hearing.

The public hearing was tabled.


  1. Call Plan Commission meeting to order.

Chairman Duffin called the Plan Commission meeting to order at 6:40 p.m. on Tuesday, October 16, 2018. 


  1. Roll Call.

Present:  Sharon Christensen, Arlan Kay, Supervisor Arlen Christensen, Dave Hagemann, Chairman Brian Duffin, Andy Blomstrom and Tim Yanacheck.

Also Present: Town Board Chairman Wayne Ace, Town Board Supervisor Steve Root and Fred Clark, Jr., Deputy Clerk/Treasurer Jennifer Hanson and several members of the public


  1. Discussion and possible Recommendation to the Town Board.
  2. Land Rezone Request.  Petition # DCPREZ-2018-11344.  Parcel #0509-172-8000-9 and 0509-172-8500-4; 5995 County Highway D, Oregon, WI  53575. 

The petition was tabled.


  1. Approval of minutes.

Motion made by T. Yanacheck and seconded by A. Christensen to approve the Plan Commission meeting minutes from September 16, 2018.  Motion carried 7-0.


  1. Public Comments.

Duffin and Mr. Fleming recapped the Greenscapes operation.

  1. The land around the buildings would be used to grow trees, plants and shrubs.
  2. A separate retail sales building is no longer being requested.  The existing house will become offices with the possibility of retail sales in the future.  The house will not be used as a residence.
  3. A conditional use permit (CUP) will be required for outdoor storage of equipment.
  4. The repair and maintenance of equipment will occur in the existing mechanic building.
  5. A CUP will be required for outdoor storage of landscape materials such as gravel, mulch and pavers in storage bins.
  6. The offices will be in the existing house.
  7. Duffin asked if Greenscapes is burning at their current location.  Mr. Fleming responded that he isn’t aware of any burning.  Chairman Ace stated that he has seen the burning.  Mr. Fleming said that he works out of the Fitchburg office and not aware what happens at that location.  Duffin asked if Greenscapes will burn at the new location.  Mr. Fleming didn’t know about the burning and will check with management.  Duffin said the town will need clarification on the burning.  Hagemann added that he would like to know when and how often they will burn due to the burning that already occurs at the town recycling center.


Phil Johnson, 6080 County Road D, asked for the location that will be used to grow trees and shrubs.  Mr. Fleming pointed to the area of the map.  He stated it will be a couple acre piece on the corner behind the existing house.


Ray Herfel, 1118 County Highway D, asked about the parking.  Mr. Fleming said the existing blacktop and buildings will be used for parking.  The employees will park by the existing buildings and customers would park near the existing house.  Greenscapes owns twenty (20) trucks and five (5) bobcats that can fit into the existing buildings.  They are requesting outdoor storage of equipment to allow flexibility to leave a truck and trailer outside overnight.  Mr. Herfel said he would like all the vehicles and equipment to be put away every night.  Mr. Fleming explained there two division within Greenscapes, one for lawn mowing, pruning, chemical applications on lawns and another for building retaining walls, paver patios, and outdoor areas for backyards.  Greenscapes does snow removal in the winter, but they do not plan to sell Christmas trees.  Duffin said the town can put a cap on the number of vehicles left outside.


Duffin asked if retail sales will include both items grown on-site and those brought in to sell.  Mr. Fleming said they would sell both, but they haven’t delved too far into the retail sales operation.  Duffin believes the retail sales could be accommodated in C-1 zoning.  There was clarification that the request for C-2 is eliminated, but because the petition wasn’t amended prior to the deadline the agenda still reflects the request for C-2 zoning.    


There was additional concern about the number of vehicles left outside overnight.  The county will look at the driveway and address traffic concerns.  Chairman Ace clarified that all the salt will be stored inside and not left outside.   


Glenn Linzmeier, Oregon Fire/EMS District chief, said the current Greenscapes location is in the Town of Rutland and within the Oregon Fire/EMS jurisdiction.  He has meet with Greenscapes manager John Blanke a couple times as there is a considerable amount of burning.  Chief Linzmeier said Wisconsin law clearly states that any companies that are hired and haul in items for burning must obtain an Air Quality Permit from the Department of Natural Resources (DNR).  The permit costs approximately $600 per year and a list of items that can and cannot be burned is provided.  The town can put additional restrictions on burning.  The Oregon Fire/EMS District always sends out a person when a complaint is received.  If the district isn’t notified ahead of the burn, they will require the burn be put out or will bill the cost of suppressing the fire.


Yanacheck asked about the location of the storage of lawn chemicals and fuel.  Mr. Fleming said the fuel will be kept in the existing fuel tanks and lawn chemicals will be kept in the maintenance building.


Duffin told Mr. Fleming that an amended map will need to be submitted to the prior to the next meeting.  The map should reflect parking and indicate any additional buildings or greenhouses that will be constructed.


Duffin read the list of restrictions.

  1. All lightening must be directed downward.  No additional lightening is being requested.
  2. Parking must be away from the road and provide a minimum of seventy (70) spots.
  3. Hours of operation: Retail is 7:00 a.m. to 6:00 p.m. from Monday to Saturday and Landscaping is 6:30 a.m. to 5:00 p.m. from Monday to Friday with additional times needed for snow removal.
  4. The existing house will not be used as a residence and is for offices with the potential for retail sales.
  5. There will be twenty-five (25) to thirty (30) summer employees and fifty-five (55) winter employees.
  6. There was discussion of outdoor storage of vehicles.  S. Christensen would like to see the work vehicles that are left outside be parked back behind the buildings in an orderly fashion and the employee vehicles be parked along the side by the landscape building near the dirt pile in an orderly fashion.  The current Greenscape location has cars parked all over the place.  Kay was concerned about the second driveway, but Mr. Fleming said the county has already told them an additional driveway will not be allowed.  Hagemann feels that no more than half of the vehicles should be parked outside overnight.  A. Christensen suggested planting a row of pine trees for screening.  Blomstrom agrees that the vehicles should be parked orderly and is also concerned with the handling of chemical spills.  Duffin suggested a cap of twelve (12) vehicles left outside overnight.  Duffin requested Mr. Fleming provide an inventory of equipment. 
  7. No outdoor storage of parts or tires.
  8. Only one sign will be allowed.
  9. No outside salt storage.
  10. Add screening to the property.


Becki Clark, 5868 Lincoln Rd., suggested that a manager from Greenscapes attend the next meeting to answer questions related to the business operation. 


Chief Lizmeier added that since the home is being changed from residential to commercial use then the whole property will be open for fire inspection every six (6) months.  Also, the building inspector will ensure that all buildings meet ADA requirements.  Chief Linzmeier said the town should require notification prior to the burn and onsite personal during the entire burn in additional to the required state permits. 

Yanacheck would like include that all chemicals must be stored inside and expand the trees used in screening. 


Duffin will draft the list of restriction discussed and provide to Mr. Fleming for his meeting with the county.


Tom Lebakken, 487 Sugar Hill Rd., is concerned about the county zoning revision for A-1Ex properties that removes the conditional use of governmental, institutional, religious, or nonprofit community uses.  He attended the town board meeting and was told to talk with the plan commission.  Mr. Lebakken is concerned about a youth ballfield not being allowed and this devalues his land.  Duffin said a soccer field would get rezoned to a recreational zoning district and the county is removing uses that are not good fit for farmland.  Mr. Lebakken is concerned this change is a bait and switch by the county.  Duffin said there are other aspects of the county zoning revision that the plan commission doesn’t agree with and have passed those concerns onto the town board.  Mr. Lebakken is concerned that he may sell the property if the rules become so persuasive.  There was additional discussion.           


Linda Harring, 5334 Locust Grove Rd., asked about replacing their home to a new location that would be three (300) feet from the existing house, but was told the rule was within one hundred (100) feet.  Duffin suggested contacting the county because it’s their rule.  A driveway permit would be issued by Arlen Christensen.  Kay suggested being prepared to answer why the new home couldn’t be place within the required feet.    


  1. Discussion and possible Recommendation to the Town Board re: Draft Zoning Map for Dane County Comprehensive Revision.

Hanson presented a few zoning revisions to correct: 5871 Lincoln Road to RR-2 and 5365 Netherwood to RR-1.    


  1. Communications.

At the next plan commission meeting Duffin would like to discuss tiny houses or dependent living situations, add language to the town plan that allows using an easement to satisfy the 66’ rule and address that the town land use map doesn’t include commercial zoning.  The November plan commission will be held on Tuesday, November 27, 2018.


  1. Adjournment.

Motion made by Hagemann and seconded by A. Christensen at 9:25 pm.  Motion carried. 


Respectfully Submitted,





Jennifer Hanson, Deputy Clerk

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