M I N U T E S
Planning Commission – April 2, 2018
Town of Caledonia, Waupaca County, Wisconsin
Commissioners present: Helen Adams, Bill Fitzpatrick, Ivan Gruetzmacher, Kimberly Miller
Also present: Paula Pagel (Town Chairperson), (Radtke land division): David Radtke, Barbara Radtke, Frank Radtke; (Woodland Hills Phase II CUP): Ryan Brown, Mary Reichmann, Joe Neuman James & Nanette Leland, Sally & Brent Bowman, Bruce Walker, Peter R. Samz, and Kyle Pieters; (Robert Tews CUP): Robert Tews, Steve Schuelke, Curt Pheifer; (Jones Comp Plan Change/Zoning Request): Evelonia Jones, Colleen McCoy, Russ Reynard, Jeremy Andringa, Jerry & Jane Clusen.
Commissioner Kim Miller called the meeting to order at 5:35 p.m. and noted that the required public notice for the meeting was posted. The agenda was approved 4-0. The minutes of the March 12, 2018 Planning Commission were approved 4-0.
Dave Radtke Land Division (Cut-Off Road)
Following discussion with the Planning Commission at its March meeting, Dave Radtke, Cut Off Road, submitted an application to divide a parcel (02-04-22-1) with the intent to sell 14.17 acres to his son Frank and retain the remaining 18.78 acres. Helen Adams moved to recommend approval to the Town Board of the Radtke land division to divide the 33 acre parcel (02-04-22-1) into two parcels of 14.17 acres and 18.78 acres as shown on the CSM. Motion seconded by Ivan Gruetzmacher. Motion approved 4-0.
Woodland Hills Subdivision, Phase II Conditional Use Permit Application
Ryan Brown, Waupaca County Director of Planning and Zoning, explained the Waupaca County Conditional Use Permit (CUP) application for temporary agricultural use of the 38.21 acres of land in the Phase II section of the Woodland Hills Subdivision. The platted land, zoned Rural Residential, is under foreclosure and is currently owned by Waupaca County. It has been farmed for several years; however, the County is actively seeking a purchaser for the platted property. When a CUP is obtained, Waupaca County’s Public Property Committee will seek a farmer to temporarily farm the land. At the March meeting, commissioners discussed possible conditions to be added to the CUP.
In response to questions of persons present at the meeting, Ryan presented the following information: The Planning and Zoning Office will enforce the conditions based on outside complaints but will not actively monitor the agricultural usage. A lease will spell out contingencies if the property is sold while a crop is on the land. All lots have iron stakes marking their corners; and prior to a new agricultural contract, county staff will verify that monuments are present. The existence of a storm water pond and the land being an Atrazine-restricted zone were reported.
Bill Fitzpatrick moved to recommend to the Town Board approval of the Conditional Use Permit application by Waupaca County for agricultural use of 38.21 acres zoned Rural Residential on the parcels under the County's ownership located in Woodland Hills Subdivision, Phase II with the following conditions for farming operations: no-till direct seeding, no grazing by livestock, no manure spreading, no permanent structures, no destruction of monuments, and no use of Atrazine. Motion seconded by Ivan Gruetzmacher. Motion approved 4-0.
Robert Tews Conditional Use Permit Application
Robert Tews, N495 Klemp Road, described his retroactive application for a Conditional Use Permit (CUP) for a seasonal cabin with no water or electricity having the dimensions 24 feet by 18 feet erected on his ten acre parcel (02-34-21-2) zoned Ag Retention with non-conforming access to a public road. Because the structure does not meet the required width of at least twenty-two feet, a CUP is needed. After discussion with the applicant, commissioners determined that this is an allowable use on the property. Helen Adams moved to recommend approval to the Town Board of the Robert Tews’ Conditional Use Permit for a dwelling less than twenty-two feet wide on parcel 02-34-21-2 with the following conditions: 1) obtain a county land use permit, 2) issuance of a building permit, 3) the structure must meet uniform building codes, and 4) provision must be made for a sanitary facility such as a Porta Potty. Motion seconded by Kim Miller. Motion approved 4-0.
Review request for Comp Plan Map Amendment and Supporting Resolution
Evelania Jones, N2489 Hwy 45, described her plan for an indoor resale shop in an existing barn and improvements that she made to the structure several years ago. Because the 8.13 acre property is in a Rural Residential district, she submitted an application to amend the Town of Caledonia’s Comprehensive Plan Preferred Land Use Map from Rural Residential (RR) to Rural Crossroads-Mixed (RCM) use. In a second application, if the Preferred Land Use Map amendment is approved, Mrs. Jones requested a zoning amendment from Rural Residential district (RR) to Rural Commercial Neighborhood district (RC-N).
Commissioners asked about safety of access to the property from Highway 45. Colleen McCoy indicated that an application for existing access from Highway 45 for a commercial property was submitted to the Wisconsin Department of Transportation on March 19. Mrs. Jones explained that she has a parking area and turn-around space for future customers.
Residents who live in the residential area accessed off Country View Lane, a private road that borders the Jones property, expressed their concerns orally at the meeting and in writing about the following issues: potential increased traffic on Highway 45 in their area, potential customers by-passing the business driveway and using Country View Lane (private road) to turn-around, a decrease in property value due to the potential for different types of future commercial businesses that could begin or be built on the property, having no control over the type of commercial business that could locate to the property in the future, and the effect of commercial land use changing the rural nature of their six properties. Ryan Brown, Waupaca County Director of Planning and Zoning, clarified that, if the Preferred Land Use Map is amended from Rural Residential district to Rural Commercial Mixed district and if the requested rezoning occurs, no restrictions can be placed on the types of allowable future businesses that are permitted within the zoning category for a new owner of the property. Commissioner Kim Miller read the list of permitted commercial land uses from the Waupaca County Zoning Ordinance, Table 5.0, Zoning District Permitted and Conditional Uses.
Commissioner Bill Fitzpatrick commented that a change in the Preferred Land Use Map would create a commercial island in the midst of a rural residential settlement and that the focus of the Planning Commission is on long term planned land use. Kim Miller summarized the discussion stating that the request is inconsistent with the Town’s Comprehensive Plan and Preferred Land Use Map. Without the requested changes, Mrs. Jones will still be eligible for six, three-day sales each year.
Helen Adams moved to recommend to the Town Board denial of Evelania Jones’ application for an amendment of the Town of Caledonia’s Comprehensive Plan Preferred Land Use Map for parcel 02-01-11-10 located at N2489 Hwy 45, New London. Motion seconded by Bill Fitzpatrick. Motion approved 4-0.
As a result of the denial of the application, the request by Mrs. Jones for a zoning amendment and supporting resolution is no longer relevant.
Commissioners briefly discussed adding a fee to cover the cost of postage, newspaper ads, and the town clerk’s time related to sending letters to neighbors within 300 feet of properties on which there are requests for conditional use permits, comprehensive plan amendments, and requests for zoning amendments. The item will be placed on the May Planning Commission agenda.
It was noted that the Planning Commission must ensure that the school entrance door remains open to allow applicants and the public to enter for our meetings.
Process for Proposed Modification of Town’s Preferred Future Land Use Map
Insufficient time remained to continue reviewing small (under 5 acre) irregularly shaped parcels and determine their accurate designation for the next version of the preferred land use map.
The meeting adjourned at 7:00 p.m.
Action Items from the April meeting
The Planning Commission chairperson will add to the May meeting agenda discussion of a fee for costs associated with sending letters to neighbors within 300 feet on which there are requests for conditional use permits, comprehensive plan amendments, and requests for zoning amendments.
Commissioners will use the Waupaca County Land Records Viewer and a large plat map to determine whether small, irregular (less than 5 acre) parcels should be designated as a residential district or an agricultural district.
Commissioners will review parcels in the proposed preferred land use map designated Hamlet (Readfield) to determine areas to be designated residential and commercial.
Commissioners should review chapter 4 of the Comprehensive Plan in preparation for discussion during an upcoming meeting.
Helen R. Adams, Recording Secretary
Upcoming meetings – 5:30 p.m. at Readfield Elementary School
May 7, 2018
June 4, 2018
July 2, 2018