If the Wal-Mart Project Moves Forward, Here's the Process

A number of people voiced opposition to having a Wal-Mart on Highway 31 and Four Mile Road pointed to how the site is zoned residential.

The Village land use plan does designate the property as residential. The project could move forward if land use plan was changed, which is often done. But in order for the Wal-Mart project to move forward, the Village Board would need to rezone the property to commercial and accept a conditional use permit.

Julie Anderson, the zoning administrator for the Village, said Wal-Mart has yet to file any plans with her department and she hasn't formed an opinion either way about the project.

Here’s how the process works:

REZONING PROCESS

This process can run concurrently with a land use plan amendment request. Neighborhood meetings and meetings with staff can/might occur before any of the following steps. A pre-development Agreement is required between Village and the developer.

1. Application to petition for a rezoning is submitted to the Caledonia Zoning Administrator, per ordinance and statutory requirements. The filing deadline is approximately five weeks in advance of the hearing date. The rezone petition includes a legal description of the area to be rezoned, along with property dimensions, acreages, etc.

2. A Class II legal notice is required, with the 2nd notice being published one week in advance of the hearing (Racine Journal Times legal classified)

3. Property Owners within 300 feet of the boundary of the area to be rezoned are notified via USPS of a hearing date/time

4. Agendas are posted approximately one week ahead of the Plan Commission hearing by the Caledonia Village Clerk's office

5. The Village Plan Commission holds a public hearing and takes testimony for the record.

6. The Caledonia Zoning Administrator presents a brief staff memo outlining possible reasons for recommending or denying a rezoning petition

7. A recommendation to approve or deny the request is made by the Plan Commission

8. The item moves to the Village Board meeting for discussion and vote (majority needed).

9. If the zoning change is approved by the Village Board, the maps and text are amended accordingly. The next step is a conditional use hearing process.

10. NOTE:  If the rezoning request is denied, the file is closed and the applicant must wait one year to re-apply unless the request is substantially changed as determined by the Village.

CONDITIONAL USE PROCESS:

Neighborhood meetings and meetings with staff can/might occur before any of the following steps. A pre-development Agreement is required between Village and the developer--first step.

1. The applicant must submit all survey, site, building, lighting, parking, traffic, landscaping, operations details, filing fee etc to the Caledonia Zoning Administrator, including completed application forms. The filing deadline is approximately five weeks ahead of the hearing date.

2. A Class II newspaper legal notice is prepared for the conditional use hearing. The second legal notice is published one week ahead of the hearing (Racine Journal Times legal classified). 

3.  The property owners abutting the project site and across the street are notified via USPS of the conditional use hearing date/time.

4. Agendas are posted approximately one week ahead of the Plan Commission hearing by the Village Clerk's office.

5. The Village Plan Commission holds a public hearing and takes testimony for the record.

6. The Caledonia Zoning Administrator presents a brief staff memo outlining the project. The administrator also recommends conditions of approval, or denies the request and outlines the reasons for the request.

7. If the Plan Commission votes to recommend approval or denial, the item moves to the Village Board meeting for discussion and takes a vote on the recommendation (majority needed).

8. If the Conditional Use is approved by the Village Board, the zoning permits and building permits can be issued, once stormwater management approval and ALL other local, state or federal permits or approvals are obtained.

9. NOTE: If the Conditional Use request is denied, the file is closed and the applicant must wait one year to re-apply unless the site plan has substantive changes as determined by the Village.