10-11 Proposed Annex & Zoning Ord 2007-364 & 365
Community Development Department Memorandum ~
Date: May 22, 2007
TO: Steven E. Sheiffer, City Manager
FROM: Duane Cherek, Manager of Planning services~
SUBJECT: Introduction and schedule a public hearing on a proposed ordinance annexing
property located south of 8TH 26 across from McCormick Drive (File Ordinance
No. 2007-364); and
Introduction, refer to Plan Commission and schedule a public hearing on a
proposed ordinance zoning property located south of 8TH 26 across from
McCormick Drive to B1 and B2 upon annexation, and rezoning of other adjoining
property to B1 and B2 from 01, 03 and Ag (File Ordinance No. 2007-365).
Bryan Meyer has submitted a valid petition to annex 4.6 acres of land located on STH
26 across from McCormick Drive on the City's north side. The area to be annexed is
currently undeveloped. In conjunction with the annexation, Mr. Meyers has applied to
zone the property to B1 and B2 upon annexation. Since McCormick Drive is planned to
be extended south of STH 26 through the annexation area, the separation between the
proposed B1 and B2 zone districts are drawn to correspond with the center of the future
street alignment for McCormick Drive in this area. Planning Staff has discussed a
zoning plan for the property with Mr. Meyer and Jack Willow Investments, LLC., the
owners of property immediately surrounding the annexation area. In addition to the
request for B1 and B2 zoning of property within the annexation area, the applicants
have also requested that 3.6 acres of land adjoining the site be rezoned from its current
office and agricultural zoning to B1 and B2 (see location map).
Coincident with the preparation of the ordinance annexing this land, the attached
ordinance 2007-365 has been prepared to establish these zoning classifications for
both the annexation area and the surrounding property.
The Community Development Department recommends that following the first reading
of Ordinance No. 2007-364 and Ordinance No. 2007-365, they be set for public hearing
on June 25,2007. While the annexation does not require Plan Commission review, the
zoning of the property must be referred to the Plan Commission. We therefore
recommend that Ordinance No. 2007-365 be referred to the Plan Commission for
review and recommendation.
cc: Brad Cantrell ffl:rJ
/ /
CITY
LIMITS
A
PROPOSED
Bl
Rl
eog.od .. Annexation Area IIlImiJ
Rl Sing1c-PBmiIy &:: Two-Famil R.eIidenc:e Dimct
RID Two-F.IIDily keDdcDcc ~
R2 Limited GeDenI Rc&ideuce Dislrict
R3 GeDeaI Rc::Iidca:c District
R3M MediumDcoB:ity Rsidmce District
R4 Ccatml hsideDce DDmct
01 ~Dimict
02 Ccutnd 0ffic:eIResidcn DiItri
ProposedBl ~ ProposedB2
03 Neighbarhood Office District
B 1 Neighbmbood ConvenieDcc District
'2 Commmd!y _ o;mia
B3 Gcuc:ra1 Comme:rcW District
B4 Business mpway District
BS CcuttalBDllImSIDistrict
B6 Ce:ntnd8a'viccDistrict
BT BDSiDcss Tcclmo1ogy District
- Zone District Boundaries
o
NORm
Ml Ligbl:IndDIlriaJ.District
M2 0cncraI hubstrial DiIbQ
M3 Cmd:nd Lipt IDdumial DiBtrlct
M4 Ce:nttaI. GeDelal JndoIIriIl DiBttict
A AgricuInnI o;mia
M Mining Dist:dct
C ~o;mia
Date: 5-23-07
Scale: 1 "=800'
Map Coordinate: Q-23
LOCATIONt'ZONINO MAP
ANNEXATIONrzoNING OF PROPERTY LOCATED
SOUTI:I OF STH 26 ACROSS FROM McCORMICK DR
81
... CITY OF JANESVllLE I
~ PLANNING DEPARTMENT
.j,D!W..iapmenl\C.ADD\Plannng"'......s\.G" ::2:l_Arno!>~-STK2b-,...,~'""""O;;~
ORDINANCE NO. 2007-364
An ordinance annexing territory in Section 18 in T.3N., R.13E. ofthe 4th P.M., Town of
Harmony, Rock County, Wisconsin.
WHEREAS, a petition signed by the owner of the land within such territory proposed to be
annexed has been filed with the City Clerk; and
WHEREAS, there are no electors residing in the territory; and
WHEREAS, the necessary notices have been duly prepared, provided and served as required
by law to all persons affected; and
WHEREAS, this ordinance does not contain temporary zoning; and
WHEREAS, the Department of Administration has not found the proposed annexation to be
against the public interest; and
WHEREAS, the Common Council has determined that this annexation is in the public interest.
NOW THEREFORE THE COMMON COUNCil OF THE CITY OF JANESVlllE DO ORDAIN
AS FOllOWS:
SECTION I. The territory described as follows is hereby annexed to the City of Janesville.
Part of lot 1 of a certified survey map as recorded in volume 6, Pages 19 and 20 of Certified
Survey Maps of Rock County, Wisconsin as Document No. 850999 and located in the SE.1/4 of
the NE.1/4 of Section 8, T.3N., R.13E. of the 4th P.M., Harmony Township, Rock County,
Wisconsin.
Described as follows: Commencing at a stone monument at the east Y. corner of said section;
thence N39038'23'W 740.68 feet to the most easterly corner of Said lot 1, also being at the
place of beginning for the land to be herein described; thence S52023'58"W 435.32 feet to the
most southerly corner of said lot; thence N37"32'09'W along the southwesterly line of said lot,
455.30 feet to the relocated southeast line of State Trunk Highway "26"; thence N53003'18"E
along said southeast line, 76.64 feet; thence N53009'26"E continuing along said southeast line,
29.16 feet; thence N47"12'55"E continuing along said southeast line, 110.50 feet; thence
N52026'33"E continuing along said southeast line, 218.90 feet to the northeasterly line of said
lot 1; thence S37"36'32"E along said northeasterly line 463.86 feet to the place of beginning.
SECTION II. After this annexation becomes effective, the above described property shall be
exempt from and not subject to further taxation and assessments in the Town of Harmony and
thence forth shall be subject to taxation and assessment as part of the City of Janesville for any
and ail purpose provided by law.
SECTION III. All the territory annexed by this ordinance is hereby made part of Ward 5 of the
City of Janesville.
SECTION IV. There are no residents in the area proposed for annexation.
SECTION V. The annexation area is within the Milton School District.
ORDINANCE NO. 2007-364
PAGE 2
SECTION VI. This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED:
Motion by:
Second by:
Councilmember Aye Nay Pass Absent
Brunner
DeGarmo
Loasching
Steeber
Truman
Wellnitz
Williams
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
:t/6-M f7t
City Aftorney '11
Proposed by: Applicant
Prepared by: Community Development Department
ORDINANCE NO. 2007-365
An ordinance changing and establishing the zoning classification of property south
of STH 26 across from McCormick Drive.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. The zoning classification of the following described property is established
as 81:
PART OF LOT ONE OF A CERTIFIED SURVEY MAP AS RECORDED IN VOLUME 6, PAGES
19 AND 20, LOCATED IN THE SE.1/4 OF THE NE.1/4 OF SECTION 8, T.3N., R.13E. OF THE
4TH P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the East 1/4 corner of said Section 8; thence
N.O'47'52"W. along the East line of the NE.1/4 of said Section, 1502.88 feet to the relocated
South line of State Highway "26"; thence S.52'26'35'W. along said South line, 1111.57 to the
place of beginning for the land to be herein described; thence S.37'33'25"E. 464.0 feet to the
Southeasterly line of said Lot; thence S.52'23'58'W. along said Southeasterly line, 250.07 feet
to the most Southerly corner of said Lot; thence N.37'32'09"W. along the Southwesterly line of
said Lot, 455.31 feet to said relocated South line; thence N.53'03'E. along said South line,
76.64 feet; thence N.53'09'26"E. continuing along said South line, 29.16 feet; thence
N.47'12'55E. continuing along said South line, 110.49 feet; thence N.52'26'35"E. continuing
along said South line, 34.07 feet to the place of beginning.
SECTION II. The zoning classification of the following described property is established
as 82:
PART OF LOT ONE OF A CERTIFIED SURVEY MAP AS RECORDED IN VOLUME 6, PAGES
19 AND 20, LOCATED IN THE SE.1/4 OF THE NE.1/4 OF SECTION 8, T.3N., R.13E. OF THE
4TH P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the East Yo corner of said Section 8; thence
N.O'47'52'W. along the East line of the NE.1/4 of said Section, 1502.88 feet to the relocated
South line of State Highway "26"; thence S.52'26'35'W. along said South line, 926.74 feet to
the Northeasterly line of said Lot One, also being at the place of beginning for the land to be
herein described; thence S.37'36'33"E. along said Northeasterly line, 463.86 feet to the most
Easterly corner of said Lot; thence S.52'23'58"W. aiong the Southeasterly line of said lot,
185.25 feet; thence N.37'33'25'W. 464.00 feet to said South line; thence N.52'26'35"E. along
said South line, 184.83 feet to the place of beginning.
SECTION III. The zoning classification of the following described property is hereby
changed from 03 to 81:
PART OF LOT 69, HEIDER ESTATES SECOND ADDITION LOCATED IN THE SE.1/4 OF THE
NE.1/4 OF SECTION 8, T.3N., R.13E. OF THE 4TH P.M., CITY OF JANESVILLE, ROCK
COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Beginning at the most Northerly corner of said Lot 69, thence
S.37'32'09"E. along the Northeasterly line of said Addition, 150.85 feet; thence S.53'02'56'W.
ORDINANCE NO. 2007.365
PAGE 2
176.16 feet; thence N.37'13'36"W. 150.84 feet to the Northwesterly line of said Lot, thence
N.53"03'E. along said Northwesterly line, 175.35 feet to the place of beginning.
SECTION IV. The zoning classification of the following described property is hereby
changed from Agriculture to 81:
PART OF THE SE.1/4 OF THE NE.l/4 OF SECTION 8, T.3N., R.13E. OF THE 4TH P.M., CITY
OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the East 1/4 corner of Section 8; thence
N.0"47'52'W. along the East line of the NE.1/4 of said Section, 1502.88 feet to the relocated
South line of State Highway "26"; thence S.52"26'35'W. along said South line, 1111.57 feet;
thence S.37'33'25"E. 464.0 feet to the Southeasterly line of Lot One of a Certified Survey Map
as recorded in Volume 6, pages 19 and 20, also being at the place of beginning for the land to
be herein described; thence continuing S.37'33'25"E. 135.01 feet; thence S.52"23'58'W.
parallel with said Southeasterly line, 200.11 feet to the Northeasterly line of Heider Estates
Second Addition; thence N.37"35'52'W. along said Northeasterly line, 135.01 feet to said
Southeasterly line; thence N.52"23'58"E. along said Southeasterly line, 200.21 feet to the place
of beginning.
SECTION V. The zoning classification of the following described property is hereby
changed from Agriculture to 82:
PART OF THE SE.l/4 OF THE NE.1/4 OF SECTION 8, T.3N., R.13E. OF THE 4TH P.M., CITY
OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS; Commencing at the East 1/4 corner of said Section 9; thence
N.0"47'52"W. along the East line of the NE.1/4 of said Section, 1502.88 feet to the relocated
South line of State Highway "26"; thence S.52"26'35"W. along said South line, 817.77 feet to
the place of beginning for the land to be herein described; thence S.37'33'22"E. 386.38 feet;
thence S.73"25'09"E. 207.53 feet; thence Southwesterly, along a curve to the right, 146.37 feet,
having a radius of 235.0 feet and a chord bearing S.34"33'24"W. 144.01 feet to a point of
tangency; thence S.52"23'58'W. 278.32 feet; thence N.37'33'25"W. 135.01 feet to the
Southwesterly line of Lot One of a Certified Survey Map as recorded in Volume 6, pages 19 and
20; thence N.52"23'58"E. along said Southeasterly line, 185.25 feet to the most Easterly corner
of said Lot One; thence N.37'36'33'W. along the Northeasterly line of said Lot, 463.86 feet to
said relocated South line; thence N.52'26'35"E. along said relocated South line, 108.97 feet to
the place of beginning.
SECTION VI. This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ORDINANCE NO. 2007-365
PAGE 3
ADOPTED:
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
Jean Ann Wulf, City Clerk-Tre urer
City Attorn
Proposed by: Community Development Department
Prepared by: Community Development Department
Motion by:
Second by:
Council member Aye Nay Pass Absent
Brunner
DeGarmo
Loasching
Steeber
Truman
Wellnitz
Williams