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#2 Public hearing and action to rezone 1102 Pliny (File Ord. #2010-451) Community Development Department Memorandum March 9, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Second reading, public hearing and action on a proposed ordinance rezoning property located at 1102 Pliny Avenue from R2 to M2 (File Ordinance No. 2010-451). SUMMARY Frank Donahue has requested the rezoning of property located at 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District. The subject property includes a vacant lot that measures 66 feet in width by 165 feet in depth, located immediately south of the Wisconsin & Southern Railroad in the 1100 block of Pliny Avenue. The applicant is requesting the rezoning of the property to an industrial classification to allow for open storage use on the site. Outdoor storage yards are no permitted in any residential zone district. A public hearing has been scheduled to precede action on this request. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that following a public hearing, the City Council support a motion to find the request to rezone property located at 1102 Pliny Avenue from R2 to M2 inconsistent with the Comprehensive Plan and to deny the adoption of Ordinance No. 2010-451. CITY MANAGER’S RECOMMENDATION The City Manager defers to the Plan Commission’s recommendation. SUGGESTED MOTION A motion to find the request to rezone property located at 1102 Pliny Avenue from R2 to M2 inconsistent with the Comprehensive Plan and to deny the adoption of Ordinance No. 2010-451. BACKGROUND A. The subject property includes a vacant residential lot, approximately 0.25 acres in size, located along Pliny Avenue immediately south of the Wisconsin & Southern railroad corridor. Pliny Avenue consists of an unimproved street that provides access to the lot; no curb, gutter or street paving improvements are in place. The historical use of the property is single-family residential. In 2002, a single-family dwelling and detached garage were removed from the site and the lot was restored in green space. In 2006, the applicant purchased the subject property and the adjoining vacant lot to the south. Sometime thereafter, he began to utilize the subject property for outdoor storage of a wide variety of items that include vehicles, trailers, boats, tires, appliances, fencing materials and other miscellaneous materials. The Neighborhoods Services Department was notified of this activity based on a complaint and has been working with the applicant to obtain compliance by removing the storage items from the lot. Since outdoor storage is prohibited in residential districts, a request to rezone the property to M2, General Industrial District was submitted by the applicant. B. The subject property is situated along the eastern edge of a residential neighborhood zoned R2, Limited General Residence District. Undeveloped land directly to the east is zoned M2, General Industrial and is in cropland use. The Wisconsin and Southern Railroad adjoins the property to the north and because of its elevated nature, essentially serves as barrier to the north. Vacant lots adjoin the site along the west and south property lines; however, single family development is the predominant land use in the greater surrounding area. The subject property is part of one of the City’s early subdivision plats, being recorded in 1892. Residential zoning has been in place since 1951. C. The Future Land Use Map, which is land use component of the City’s Comprehensive Plan designates the subject property as single-family residential. That designation reflects the historical use of the property and its inclusion as part of the larger surrounding residential district located east of Beloit Avenue. The Future Land Use Map illustrates that Pliny Avenue forms the boundary between established residential development to the west and future industrial land use to the east. It also identifies a future greenbelt area to be located along the east side of Pliny Avenue to accommodate storm water drainage. This would further separate existing residential development from future land use that may occur east of Pliny Avenue. Considering these factors, rezoning the property to the M2, General Industrial, would not be consistent with the Comprehensive Plan. D. Beyond the recommendations provided by the Comprehensive Plan, staff objects to the proposed rezoning for a variety of reasons. We would like to point out that even though the subject site is accessed from an unimproved public street and adjoins the railroad corridor, it is still part of a residentially developed neighborhood and block of homes along E. State Street and Bouchard Avenue that are directly impacted by the applicant’s on-going use of the property for outdoor storage purposes. Map 2 provides an aerial photograph of the site and staff has attached other pictures illustrating current use of the property. The storage activity is clearly visible to owners of adjoining residential properties and staff has received a complaint about the accumulation of debris on the site. Additionally, the property owner is utilizing a portion of the Pliny Avenue street right-of-way as well as the railroad property for storage of vehicles, trailers and other materials. Staff believes that an expansion of industrial zoning is inappropriate in this location, particularly for this type of activity adjoining residential, and recommends the request be denied. E. Staff has been contacted by residents in the area who have expressed their displeasure with the owner’s use of the property and his request to rezone the site to continue the outdoor storage. Some of those individuals attended the public hearing in opposition to the rezoning or submitted letters, as attached to the report. PLAN COMMISSION MINUTES Duane Cherek, Manager of Planning Services, presented the written staff report. Commissioner Zolidis asked about the definition of outdoor storage yards and Cherek answered it typically involved the storing of items located on the outside of a building enclosure (such as a manufacturing facility) where items are screened from view and within a zone district that permits it. Commissioner Perrotto asked if the applicant was aware of what the property was zoned when he purchased it. Cherek stated in his conversations with the applicant, Mr. Donahue indicated that he was aware it was residential. Cherek added that the site had been zoned residential since 1951 and had previously been developed with a residential structure that was demolished before Mr. Donahue bought property. The public hearing was opened and the following persons appeared to speak on this item. ? Allen Ellefson, 1245 Bouchard, stated that multiple vehicles had been parked on the site since last fall and he had concerns about the potential for gas, oil and other fluids dripping off these vehicles and causing contamination. He stated that several property owners in the area owned two adjoining lots; one containing their home and the other a vacant lot, and was concerned that other vacant lots could be sold and rezoned to industrial if this requested zoning change was approved. He asked if the owner would be able to build a garage on the property with it’s current residential zoning. Chairperson Helgerson indicated that Neighborhood Services could possibly address the contamination question and Cantrell answered that the residential district does not allow the construction of a garage prior to the construction of a home. The residential zoning also would not allow a garage solely used for commercial storage. Commissioner Werner asked Mr. Ellefson if he was in favor of the zoning change and Mr. Ellefson answered that he was not in favor as all of the properties west of Pliny were residential lots containing homes and he would like it to remain that way. ? Sandra Duncan, 127 E State Street, stated she was opposed to changing the zoning of this property. ? Jerry Aiken, speaking for the applicant, stated that this zoning change was requested because he would like to purchase property, clean it up and build a pole barn on it to store his tree-trimming truck and chipper. ? Jean Rasmussen, 1109 Bingham, stated she was opposed to the zoning change as it could open up doors for other rezoning requests on adjoining lots and may bring in uses which could potentially create more traffic in the area. The public hearing was closed. Chairperson Helgerson indicated that a letter was received from Diane Woychik, residing at 1109 Bouchard, expressing her opposition to the zoning change. Chairperson Werner asked if the applicant had been working with the city to bring his property into compliance. Cherek indicated that enforcement was being conducted through the Neighborhood Services Department. He stated that the City had received a complaint in January of 2009 and an Order to Correct was sent to the owner. He indicated that City Staff worked with Mr. Donahue to achieve compliance throughout 2009, but he filed a petition to rezone the property in August of 2009. After talking with staff, Mr. Donahue withdrew his rezoning application and Neighborhood Services continued to pursue enforcement actions. Mr. Donahue then submitted another rezoning application in early 2010. Cherek indicated that City Staff tries to work with property owners to achieve compliance but have not been able to in this situation. There was a motion by Commissioner Perrotto with a second by Commissioner Werner to deny the requested zoning change, to find it inconsistent with the Comprehensive Plan and forward a negative recommendation to the City Council. Commissioner Werner added that the owner was well aware the property was zoned residential when it was purchased and it’s only fair to the neighbors to keep it as such. The motion carried on a 7-0-0 vote. FISCAL IMPACT This request involves a change in zoning of an R2-zoned property to M2 for the purpose of allowing the owner to use the site for outdoor storage of miscellaneous items. The subject property consists of a residential lot located on the edge, but within an established residential neighborhood. When outdoor storage occurs in this manner it is generally not compatible and tends to have a negative impact on surrounding residences. Staff believes that future use of the site for residential purposes is a viable land use, but rezoning for industrial-type activities is not. The fiscal impact associated with this rezoning is difficult to measure, but likely negligible. Of greater significance, however, is the negative impact such a rezoning would have on surrounding residences. cc: Brad Cantrell Óï Óî ÍËÞÖÛÝÌ Í×ÌÛ Îî q Æ±²» Ü·¬®·½¬ Þ±«²¼¿®·» Ô»¹»²¼ Îï Í·²¹´»óÚ¿³·´§ ú Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Ñí Ò»·¹¸¾±®¸±±¼ Ñºº·½» Ü·¬®·½¬ Óï Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ ÎïÜ Ì©± Ú¿³·´§ Î»·¼»²½» Ü·¬®·½¬ Þï Ò»·¹¸¾±®¸±±¼ Ý±²ª»²·»²½» Ü·¬®·½¬Óî Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Îî Ô·³·¬»¼ Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þî Ý±³³«²·¬§ Í¸±°°·²¹ Ü·¬®·½¬Óí Ý»²¬®¿´ Ô·¹¸¬ ×²¼«¬®·¿´ Ü·¬®·½¬ Îí Ù»²»®¿´ Î»·¼»²½» Ü·¬®·½¬ Þí Ù»²»®¿´ Ý±³³»®½·¿´ Ü·¬®·½¬Óì Ý»²¬®¿´ Ù»²»®¿´ ×²¼«¬®·¿´ Ü·¬®·½¬ Ü¿¬»æ çñçñðç ÎíÓ Ó»¼·«³ Ü»²·¬§ Î»·¼»²½» Ü·¬®·½¬ Þì Þ«·²» Ø·¹¸©¿§ Ü·¬®·½¬ß ß¹®·½«´³¬«®¿´ Ü·¬®·½¬ Îì Ý»²¬®¿´ Î»·¼»²½» Ü·¬®·½¬ Í½¿´»æ ïþã îððù Þë Ý»²¬®¿´ Þ««·²» Ü·¬®·½¬ Ó Ó·²·²¹ Ü·¬®·½¬ Ñï Ñºº·½» ñ Î»·¼»²½» Ü·¬®·½¬ Þê Ý»²¬®¿´ Í»®ª·½» Ü·¬®·½¬ Ý Ý±²»®ª¿²½§ Ü·¬®·½¬ Ó¿° Ý±±®¼·²¿¬»æ Òóïí Ñî Ý»²¬®¿´ Ñºº·½» ñ Î»·¼»½» Ü·¬®·½¬ ÞÌ Þ«·²» Ì»½¸²±´±¹§ Ü·¬®·½¬ ÔÑÝßÌ×ÑÒ ñ ÆÑÒ×ÒÙ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÎÛÆÑÒ×ÒÙ ÑÚ ÐÎÑÐÛÎÌÇ ßÌ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ïïðî ÐÔ×ÒÇ ßÊÛÒËÛ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÒóïíÁÎ»¦±²»óïïðî Ð´·²§ ßª» ORDINANCE NO. 2010-451 An ordinance changing the zoning classification of 1102 Pliny Avenue from R2, Limited General Residence District, to M2, General Industrial District, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R2, Limited General Residence District, to M2, General Industrial District: Property located in part of the NW.1/4 of Section 6, T.3N., R.13E., City of Janesville, Rock County, Wisconsin, more fully described as follows: Lot 129 of Carrington’s Crown Addition, a plat recorded in the Rock County Register of Deeds Office, Rock County, Wisconsin; and including the west ½ of Pliny Avenue right- of-way, approximately 33 ft., adjacent to said Lot 129. 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 McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Applicant Prepared by: Community Development Department