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#08 & #09 Introduce Ordinances Attaching and Zoning 3123 S Hwy 51 (File Ords. #2009-445 & 2009-446) Community Development Department Memorandum Date: October 27, 2009 TO: Eric Levitt, City Manager FROM: Duane Cherek, Manager of Planning Services SUBJECT: Introduce and schedule a public hearing on a proposed ordinance attaching property located at 3123 South U.S. Highway 51(File Ordinance No. 2009-445); and Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance attaching and zoning to B4 property located at 3123 South U.S. Highway 51 (File Ordinance No. 2009-446). _____________________________________________________________________ In 2004, the Kwik Trip gas station and convenience store located at 3123 South U.S. Highway 51 requested a connection to municipal sewer and water facilities. Those facilities were extended to the property under the terms of the City of Janesville/Town of Rock Cooperative Boundary Plan which allows for municipal sewer and water connections to those property owners requesting such service. In exchange for receiving those services, Kwik Trip agreed to attach their property to the City as soon as legally feasible at the discretion of the City. Kwik Trip has recently acquired three parcels immediately adjoining their business location to the east to allow for future expansion opportunities. The adjoining parcels are developed with two vacant residences that are proposed for demolition. A separate attachment agreement has been executed for each parcel and it is Kwik Trip’s desire to include all properties under their ownership in the attachment ordinance at this time. The attachment includes four parcels containing approximately 3.47 acres of land excluding right-of-way for Highway 51. An attachment to the City is similar to an annexation and must be reviewed by the Council following a public hearing. Coincident with the attachment ordinance, the Community Development Department has prepared an ordinance to zone the property to B4, Business Highway District. The Community Development Department recommends that following the first reading of Ordinance No. 2009-445 and Ordinance No. 2009-446, they be set for public hearing on December 14, 2009. While the attachment does not require Plan Commission review, the zoning of the property must be referred to the Plan Commission. We therefore recommend that Ordinance No. 2009-446 be referred to the Plan Commission for review and recommendation. cc: Brad Cantrell Jay Winzenz Í«¾¶»½¬ Ð®±°»®¬§ Ý·¬§ ±º Ö¿²»ª·´´» q Ô»¹»²¼ ÍËÞÖÛÝÌ Í×ÌÛÝ×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ Ü¿¬»æ ïðñîéñðç Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Ôóè ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ßÌÌßÝØÓÛÒÌ ÑÚ íïîí ÍÑËÌØ Ø×ÙØÉßÇ ëï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹Ä½¿»ÄîððçÄÔóèÁß¬¬¿½¸³»²¬ Õ©·µ Ì®·° ORDINANCE NO. 2009-445 An ordinance attaching territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of Rock, Rock County, Wisconsin. WHEREAS , the owner of the land within such territory proposed to be attached has executed and recorded attachment agreements that set forth the timeframe, circumstances and conditions upon which attachment of property to the City of Janesville shall occur within the City of Janesville/Town of Rock Cooperative Boundary Plan area; 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 attachment to be against the public interest; and WHEREAS , the Common Council has determined that this attachment is in the public interest. NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The territory described as follows is hereby attached to the City of Janesville. PART OF Lot 1, Certified Survey Map # 790624, RECORDED IN Vol. 2, Pgs. 337-339, ALSO PART OF THE NW. ¼ OF THE SW. ¼ OF Section 13, AND THE NE. ¼ OF THE SE. ¼ OF Section 14, ALL IN TH T.2N., R.12E. of the 4 P.M., ROCK TOWNSHIP, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at a D.O.T. disk at the West ¼ corner of said Section 13; thence S.88D50’58”E along East-West ¼ section line, 197.26 feet, also being the place of beginning for the land to be herein described, thence S.88D52’18”E along said ¼ section line, 133.36 ft. m/l, thence S.88D52’15”E along said ¼ section line 84.25 ft. m/l, thence S.0D10’4”W, to a point on the North line of Lot 2 of CSM, Doc. Num. 790624, Volume 2, pages 337, 338, and 339, 332.25 ft. m/l, thence S.88D56’50”E, 65.41 ft. m/l, thence S.0D3’0”E, to a point along the North line of a private drive, 144.28 ft. m/l, thence N.89D2’48”W, along said private drive to the SE corner of Lot 1, also being the Easterly R.O.W of U.S. Highway “51” South, 434.46 ft. m/l, thence Southerly along said R.O.W., 1501.45 ft. m/l, thence S.88D24’13”W, 96.37 ft. m/l, thence N.0D16’6”W along the Westerly R.O.W. line of U.S. Highway “51” South, 147.05 ft. m/l, thence N.89D49’42”W along said R.O.W. to the SE corner of Lot 3 of CSM, Doc. Num. 1638134, Volume 26, pages 313, 314, and 315, 14.68 ft. m/l, thence N.0D4’33”W along said R.O.W. to the SE corner of Lot 2, 195.34 ft., thence N.0D4’43”W along said R.O.W., 164.14 ft., thence N.6D6’16”W along said R.O.W., 95.52 ft., thence N.0D4’42”W along said R.O.W. to the NE corner of Lot 1, 60.76 ft. m/l, thence N.0D9’40”W along said R.O.W. to the SE corner of Lot 1 of CSM, Doc. Num. 785579, Volume 2, pages 260 and 261, 334.9 ft. m/l, thence N.0D35’38”W along said R.O.W. to the NE corner of Lot 1, 99.19 ft. m/l, thence N.0D24’31”W along said R.O.W., 722.88 ft. m/l, thence S.89D0’12”E, 150.8 ft. m/l, thence continuing S.89D0’12”E, 123.43 ft. m/l, thence N.0D27’45”W, 164.48 ft. m/l to the place of beginning. Containing an area of approximately 8.5 acres. SECTION II. After this attachment becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of Rock and thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and all purpose provided by law. ORDINANCE NO. 2009-445 PAGE 2 SECTION III. All the territory attached by this ordinance is hereby made part of Ward 31 of the City of Janesville. SECTION IV. There are no residents in the area proposed for attachment. SECTION V. The attachment is within the Janesville School District. 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: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department ORDINANCE NO. 2009-446 An ordinance changing and establishing the zoning classification of property located at 3123 South U.S. Highway 51. 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 B4, Business Highway District: PART OF Lot 1, Certified Survey Map # 790624, RECORDED IN Vol. 2, Pgs. 337-339, ALSO PART OF THE NW. ¼ OF THE SW. ¼ OF Section 13, AND THE NE. ¼ OF THE SE. ¼ OF Section 14, ALL IN T.2N., R.12E. TH of the 4 P.M., ROCK TOWNSHIP, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at a D.O.T. disk at the West ¼ corner of said Section 13; thence S.88D50’58”E along East-West ¼ section line, 197.26 feet, also being the place of beginning for the land to be herein described, thence S.88D52’18”E along said ¼ section line, 133.36 ft. m/l, thence S.88D52’15”E along said ¼ section line 84.25 ft. m/l, thence S.0D10’4”W, to a point on the North line of Lot 2 of CSM, Doc. Num. 790624, Volume 2, pages 337, 338, and 339, 332.25 ft. m/l, thence S.88D56’50”E, 65.41 ft. m/l, thence S.0D3’0”E, to a point along the North line of a private drive, 144.28 ft. m/l, thence N.89D2’48”W, along said private drive to the SE corner of Lot 1, also being the Easterly R.O.W of U.S. Highway “51” South, 434.46 ft. m/l, thence Southerly along said R.O.W., 1501.45 ft. m/l, thence S.88D24’13”W, 96.37 ft. m/l, thence N.0D16’6”W along the Westerly R.O.W. line of U.S. Highway “51” South, 147.05 ft. m/l, thence N.89D49’42”W along said R.O.W. to the SE corner of Lot 3 of CSM, Doc. Num. 1638134, Volume 26, pages 313, 314, and 315, 14.68 ft. m/l, thence N.0D4’33”W along said R.O.W. to the SE corner of Lot 2, 195.34 ft., thence N.0D4’43”W along said R.O.W., 164.14 ft., thence N.6D6’16”W along said R.O.W., 95.52 ft., thence N.0D4’42”W along said R.O.W. to the NE corner of Lot 1, 60.76 ft. m/l, thence N.0D9’40”W along said R.O.W. to the SE corner of Lot 1 of CSM, Doc. Num. 785579, Volume 2, pages 260 and 261, 334.9 ft. m/l, thence N.0D35’38”W along said R.O.W. to the NE corner of Lot 1, 99.19 ft. m/l, thence N.0D24’31”W along said R.O.W., 722.88 ft. m/l, thence S.89D0’12”E, 150.8 ft. m/l, thence continuing S.89D0’12”E, 123.43 ft. m/l, thence N.0D27’45”W, 164.48 ft. m/l to the place of beginning. Containing an area of approximately 8.5 acres. SECTION II. 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: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department