#6, #7 & #8 Public hearing & action to attach & zone 3123 S USH 51 PLUS alcohol license request (File Ords. #2009-445 & 2009-446)
Community Development Department Memorandum
Date: December 4, 2009
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Second reading, public hearing, and action on a proposed ordinance
attaching property located at 3123 South Highway 51(File Ordinance No.
2009-445); and
Second reading, public hearing, and action on a proposed ordinance
attaching and zoning to B4 property located at 3123 South Highway 51
(File Ordinance No. 2009-446); and
Request for Class A Fermented Malt Beverage License for Kwik Trip, Inc.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommends that
following a public hearing, the City Council support a motion to adopt Ordinance Nos.
2009-445 and 2009-446 attaching and zoning to B4 property located at 3123 South
Highway 51.
The Alcohol License Advisory Committee and Community Development Department
recommend that the City Council support a motion to grant a Class A Beer License to
the Kwik Trip at 3123 South Highway 51.
CITY MANAGER RECOMMENDATION
The City Manager supports the attachment, zoning of property to B4 upon attachment
and granting the Class A Liquor License to Kwik Trip, Inc.
REQUEST
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 adjoining 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. Kwik Trip currently sells alcohol (beer only) at their
convenience store and intends to continue the sale of beer products upon attachment to
the City; therefore they have applied for a Class A Alcohol License.
While the Plan Commission does not review attachment of land to the City, it must
review the proposed zoning of the property upon attachment and forward a
recommendation on to the City Council. The Community Development Department has
prepared an ordinance to zone the property to B4, Business Highway District.
The Alcohol License Advisory Committee reviewed an application for a Class A
Fermented Malt Beverage License for Kwik Trip at its November 3rd meeting and
unanimously approved a positive recommendation of said license to the City Council
(see attached minutes).
ANALYSIS
A. The subject site includes the Kwik Trip gas station and convenience store located at
the southeast corner of USH 51 and STH 11. The proposed attachment also
includes three parcels of land that adjoin the convenience store which were recently
acquired by Kwik Trip. According to the applicant’s agent, redevelopment of the site
to accommodate a new or upgraded gas/convenience store is planned; however, no
specific timeframe has been established. The property is made contiguous to the
City limits along the USH 51 right-of-way extended north of the Jacob Homes
property which was attached to the City in 2007. The subject site has been provided
with City sewer and water utility services since 2004.
B. The site is located in an area of mixed commercial, residential and agricultural
zoning and land use located in the Town of Rock (see Map 2). Property to the east
includes single-family residential. The McFarlane Pheasant Farm is located on the
north side of Highway 11 opposite the site. A variety of commercial uses exist along
USH 51 west of the subject property including auction, pet grooming, tool supply and
package distribution services, as well as contractor’s offices. Property to the south
is vacant and zoned commercial in the Town. The subject property and all
surrounding commercial development is zoned B2 - Large Scale Commercial
Development in the Town.
C. The Future Land Use Designation shown on the Comprehensive Plan identifies the
site as appropriate for either Commercial or Light Industrial development. This
future land use designation is intended to be flexible to accommodate Community
Commercial, or Light Industrial without necessitating an amendment to the
Comprehensive Plan. However, the Plan specifically identifies that Community
Commercial uses are planned on the south side of the City at USH 51 and STH 11.
Considering the property’s location at this major intersection, the B4 – Business
Highway District is appropriate for areas within this Future Land Use Category. The
B4 District is mapped in areas in close proximity to intersections of U.S. and State
Highways (and interchanges) which provide convenient access for the traveling
public. Rezoning the site to B4 would provide recognition of the recommended land
use for this area as defined by the Comprehensive Plan, and enable the owner to
pursue future commercial redevelopment of the site in the City.
D. The attachment and zoning of the property as proposed is also consistent with the
provisions of the Cooperative Boundary Plan, which allows for orderly boundary
changes between the City and Rock Township in this area. The Plan identifies the
subject site as appropriate for general commercial development at the southeast
corner of USH 51 and STH 11. The proposed B4 zoning designation is therefore
consistent with adopted City Plans.
E. Kwik Trip currently maintains a Class A Liquor License in the Town which limits the
sale of alcohol products to beer only at the convenience store. Kwik Trip does not
maintain a physical separation in their store for alcohol sales as required under City
ordinance. Upon attachment, Kwik Trip will retain certain “grandfathered” rights of
their existing alcohol license in the township. They will not be required to separate
alcohol (beer) sales from other sales in the store. Any substantial change to the
physical layout of the building or property will require compliance with City code.
Despite the grandfathering provisions, Kwik Trip has applied for a Class A Beer
License in the City. The Alcohol License Advisory Committee (ALAC) reviewed the
request and unanimously recommended it be approved on November 3, 2009
(ALAC meeting minutes enclosed). Upon attachment, alcohol sales will end at 9:00
PM instead of the current closing time of midnight in the Town. Representatives
from Kwik Trip are aware of those provisions and are prepared to make those
adjustments to their business operation.
Staff anticipates the Kwik Trip property will be redeveloped in the near future.
When a new store is constructed on the site, compliance with the alcohol separation
requirements will be a part of that building approval.
PLAN COMMISSION MINUTES – 7 DECEMBER 2009
Duane Cherek, Manager of Planning Services, presented the written staff report.
There was discussion regarding the existing land use and zoning to the east of the
subject property. Cherek indicated that land to the east of the attachment area was
developed with single-family residential but the subject property was zoned commercial
in the Town.
The public hearing was opened and the following person appeared to speak:
?
Troy Mleziva, Real Estate Manager with Kwik Trip, 1626 Oak Street, LaCrosse,
stated that he was available for questions.
The public hearing was closed.
There was a motion by Commissioner Hanewold with a second by Commissioner
Adams to forward the zoning to the City Council with a favorable recommendation.
The motion carried on a 6-0-0 vote.
FISCAL IMPACT
Within the 8.5-acre attachment area, 3.47 acres of land is owned by Kwik Trip, Inc. The
business improvements are located on one lot, however Kwik Trip has recently acquired
3 adjoining parcels to the east. One of the parcels is vacant and the other two contain
single-family residences that Kwik Trip proposes to remove. All property under the Kwik
Trip’s ownership has a total assessed value of $575,200 (land value of $85,650 and
improvement value $489,550) according to Rock Township. Upon attachment, these
values will generate approximately $4,200 of city tax revenue. However, if the subject
property is redeveloped and a new gas station/convenience store is constructed on the
site at some future date as indicated by the applicant, staff projects the total assessed
value of new construction to range from $800,000 - $1,000,000. That would result in
annual estimated city tax revenue of between $5,800 and $7,300. The primary
services provided to the site upon attachment will include police and fire protection
services. The cost of providing these city services to the subject site is estimated at
$3,000 annually. As such, attachment of the property and provision of city services to
the subject property should result in a positive fiscal impact.
It should be noted that with all attachment of properties under the terms of the
Cooperative Boundary Agreement with Rock Township, the City agrees to transfer
dollars to the Town equal to all dollars that the Town would have collected through their
local property tax levies over a 5-year period, based on 2009 values. Said
reimbursement shall commence in 2010 and be decreased by 20% each year thereafter
phasing the reimbursement down to $0 over a 5-year period. The estimated payback to
the Town in the first year is $1,150.
cc: Eric Levitt
Jay Winzenz
Brad Cantrell
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