DC PR&D recommends rezone to commercial for Classic Protective Coatings on Hwy. 25
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By LeAnn R. Ralph
MENOMONIE — The Dunn County Planning, Resources and Development Committee is recommending that the Dunn County Board approve a rezone from General Agriculture to General Commercial for Classic Protective Coatings in the Town of Sherman on state Highway 25 north of Menomonie.
Ray Witke, owner of Classic Protective Coatings, owns four adjacent lots covering about 12 acres along Highway 25, and the application is to rezone Lots 1 and 2 to General Commercial, said Anne Wodarczyk, Dunn County zoning administrator, at a public hearing for the rezone application before the PR&D committee October 25.
Lot 3 is already zoned General Commercial and Lot 1 is General Agriculture, she noted.
Witke’s plan is to join Lots 1, 2 and 3 together to form one lot, and the lots must be the same zoning designation to be joined together, Wodarczyk said.
Witke plans to transfer all of his equipment from Lot 4 to the other lots, she said.
The house on Lot 4 is a permitted accessory use in General Agriculture, and Witke plans to build a 100-foot by 100-foot building to house his business on the other lots, Wodarczyk said.
The parcels are within 1,000 feet of Lake Tainter, so Dunn County’s shoreland zoning ordinance applies, she said.
Wodarczyk told the PR&D committee that she was recommending the rezone.
Gary Bjork, county board supervisor from Colfax and a member of the PR&D committee, asked for Wodarczyk’s opinion on what is a better fit for residential — general ag or general commercial.
What is more compatible and where is there more conflict? he asked.
Much depends on the situation. Residential works better on General Agriculture zoning in some places and works better in General Commercial zoning in other places, Wodarczyk said, adding that it would be impossible to say which is better because the circumstances vary from case to case.
Bjork said he was specifically asking about Lot 2.
There is always a potential for conflict, Wodarczyk said.
The reason for zoning is to avoid conflict, Bjork said.
There is nothing right around the proposed rezone area right now. A commercial use is already in place, and any potential buyer who is considering purchasing adjoining land for residential would have to make his or her decision based on the existing use, Wodarczyk said.
The Dunn County Planning Resources and Development Committee denied a request from Witke for a rezone from General Agriculture to General Commercial in January that would have allowed Witke to store equipment on ag land.
Expansion
Greg Dierauer of Red Cedar Construction said his company has been involved with all of the structures that have been built on the Witke property, including the house after it had been destroyed by fire.
One of the requirements for granting a rezone is whether the rezone is in the public interest and not only for the interest of the applicant, he said.
Classic Protective Coatings has experienced 12 percent growth per year, employs 24 people locally and 71 people all together and has added an average of three employees per year, Dierauer said.
The jobs are not entry level, and there is a competitive pay and benefits package, he said.
Classic Protective Coatings also adds to the tax base for the township and for the county, Dierauer noted.
Noisy nuisance
Jeanette Lemke, who lives next to Classic Protective Coatings, said she was not in favor of granting the rezone request.
The business is noisy with the beeping of backup alarms, banging, dropping of equipment and moving equipment constantly, she said.
Lemke said living next to the business that is operated within feet of her house has been “20 years of hell.”
The equipment is constantly in motion, to the point where “her windows shake” at times, Lemke said.
The sand blasting sends up toxic chemicals that settle out onto the ground, she said.
New building
Eric Bauer said he has worked for Witke for 13 years.
The new building would create a space for equipment to be stored. The chemicals are stored inside where they are contained, he said.
Water towers are not sand blasted on site, Bauer noted.
The sandblasting that occurs would be done inside the 100-foot by 100-foot building, he said, adding that the idea is to do as much work inside as possible.
If the rezone were granted, would the business be moved to be completely off the site where it is now and onto the new site? asked Tom Quinn, county board supervisor from Downing and chair of the PR&D committee.
“Yes,” Bauer said.
Retention pond
Jerry Mrdutt, a supervisor on the Tainter Town Board and the town board’s representative on the Tainter Plan Commission, said he was concerned about the stormwater retention pond on the property.
The retention pond is intended to gather stormwater from a subdivision, and the lots share maintenance of the pond, he said.
Wodarczyk said she did not realize the retention pond was intended for a residential development and noted that a drainage easement exists with a drainage swale across Lot 2.
Quinn said it is his understanding the retention pond is for the business and not for a residential development.
Classic Protective Coatings was originally started as a home-based business on residential property, he noted.
Mike Kneer, county board supervisor from Menomonie and a member of the PR&D committee, asked about the location of the swale.
The swale goes through Witke’s property, Wodarczyk said.
Land use plan
A request for a rezone to commercial was denied on the property next to the Lemke property, and it is a violation of the county zoning ordinance to use that property for storage, and now the request is to rezone two lots to commercial, Quinn said.
The Town of Sherman has not formally designated that area along state Highway 25 for commercial development, he said.
At the time that Dunn County was developing the comprehensive land use plan, the Town of Sherman did not adopt a map devoted to future land use, Wodarczyk said.
The Town of Sherman is currently working on a future land use map and is close to adopting a final land use plan, she said.
The Sherman Town Board and the Sherman Plan Commission are intending to designate that area of the township for commercial development, Quinn said.
One of the factors to consider is whether the rezone is consistent with the development shown on the Town of Sherman and Dunn County’s land use plans, he said.
The rezone would be consistent with the Town of Sherman’s intention, but what about Dunn County? Bjork asked.
When Dunn County’s land use plan was adopted, the Town of Sherman had not designated any particular development for that area, so the area is blank. The county’s map is based on the township’s future development plans, Wodarczyk said.
Diane Morehouse, county board supervisor from Menomonie and a member of the PR&D committee, asked if the prevailing development in the area is residential.
There is not much residential development in that area, but within a quarter mile, there is residential development, Wodarczyk said.
There is nothing in the development plan to say that a rezone to commercial is consistent or inconsistent with the land use plan, Kneer said.
Public interest
The next factor to consider is whether the rezone is consistent with the public interest and not solely in the interest of the applicant, Quinn said.
If the rezone to commercial is not granted, then the business will not expand, and it is in the public interest for the business to expand for additional employment opportunities and to expand the tax base in the township and in the county, he said.
This is a classic case of a business growing and outpacing the existing location, Kneer said.
The business is a nuisance to the adjacent landowner, so a rezone would result in the business moving to the north and away from the adjacent landowner, said Monica Berrier, county board supervisor from Menomonie and a member of the PR&D committee.
If the rezone were granted but the business did not follow through with moving, Dunn County could then enforce the current general agriculture zoning on the property since the current use is not allowed, Quinn said.
If the business’s intent is to build a new facility and move the operations, the county could enforce the current zoning and require the business to move off the current property, he said.
Wetlands
Another factor is whether the rezone would be detrimental to wetlands, a floodplain or farmland preservation.
There are no wetlands or a floodplain on the property, and the property is not included in farmland preservation, Wodarczyk said.
A larger footprint with stormwater run-off from the roof and a parking lot raises the question of whether the retention pond is adequate, Quinn said.
The business would be required by the state Department of Natural Resources to have a stormwater control and pollution plan, he said.
Public welfare
Whether the rezone would have a negative impact on public health, safety and welfare is another consideration.
If the business meets the criteria of the regulatory agencies, there would be no adverse effects, Quinn said.
If the business is developed as it is proposed, it would help the neighboring properties, he said.
Quinn said he commended the efforts of county zoning staff to arrive at a solution with the Town of Sherman, Dunn County, and the neighbors, according to the standards set by the state.
“It might not be a perfect solution, but it addresses the problems there now,” he said.
The zoning designation of general commercial would be consistent with the public interest, would not impact any wetlands or farm preservation and would not have an impact on any historic aspects of the area, he said.
The Dunn County Planning, Resources and Development Committee unanimously approved a motion that the request for a rezone to general commercial meets the four standards.
Kneer said his approval is “reluctant” but that the rezone would meet the standards.
“We have no other choice now,” he said, adding that he would not be surprised if there was another request for a rezone in the future.
The Dunn County Planning, Resources and Development Committee approved two separate motions, for Lot 1 and for Lot 2, to recommend that the Dunn County Board approve Witke’s request for a rezone from General Agriculture to General Commercial for the Witke property.
