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#2 Public hearing and action to rezone 4332 Milton Avenue (File Revised Ord. #2010-454) Community Development Department Memorandum May 3, 2010 TO: Janesville City Council FROM: Gale S. Price, AICP, Manger of Building and Development Services SUBJECT: Second reading, public hearing, and action on a proposed Ordinance rezoning property located at 4332 Milton Avenue from R1, Single Family District, to O1, Office/Residence District. (File Revised Ord. 2010-454) Summary Donald Kwarciany who is a contract purchaser has requested a rezoning of property located at 4332 Milton Avenue from R1, Single Family Residential District, to O1, Office/Residence District. The applicant is requesting the rezoning to establish a dental clinic within the existing single family home on the property. 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 4332 Milton Avenue from R1, Single Family Residential District, to O1, Office/Residence District consistent with the Comprehensive Plan and to approve Revised Ordinance No. 2010-454. City Manager’s Recommendation The City Manager defers to the Plan Commission recommendation. Suggested Motion A motion to find the request to rezone property located at 4332 Milton Avenue from R1, Single Family Residential District, to O1, Office/Residence District consistent with the Comprehensive Plan and approve Revised Ordinance No. 2010-454. Background A. The subject property is a 0.641 acre (27,885 square feet) parcel located at 4332 Milton Avenue. The site is north of the intersection of John Paul Road and Milton Avenue and south of the intersection of Woodcrest Drive and Milton Avenue. The property currently contains a foreclosed, vacant single family home and is proposed to be converted to use as a dental office. In order to convert the home to commercial activity the structure will require remodeling to the extent that it will be gutted for the conversion. The existing attached garage will also be converted to the use instead of being used for vehicle storage. Lastly a ten parking space lot will be included on the property to meet off street parking requirements. B. The zoning classifications and uses surrounding the property include B4, Business Highway District to the northeast, north and west with the exception of one single family home to the northwest zoned R1. The zoning to the southeast and south includes R1, Single & Two Family Residence District. The land uses surrounding the site include commercial uses to the northeast and north. Vacant single family lots are located to the south and southwest with two single family homes also located to the south. Northwest of the site includes non conforming single family homes and an office structure with a bank including a drive thru. C. The newly adopted Comprehensive Plan designations reflect the transitional nature of the site. The subject property is designated as appropriate for office use. The property to the southwest and northeast along the same side of Milton Avenue are designated as appropriate for office use, properties to the southeast and south are designated for single family residence. Property to the north and northwest across Milton Avenue are designated for planned mixed use development and immediately adjacent across Milton Avenue from the site is recommended for a short term implementation with mixed use development which is intended to provide retail on the ground floor and office type uses above. These designations show a decrease in the intensity of uses from the west side of Milton Avenue to the residential uses east of Milton Avenue and within the Fox Hills Subdivision. D. The existing home is a 58 year old, two bedroom structure with a two car garage. The re-use of the house as a dental office will require the extensive rehabilitation of the structure to the extent that plumbing and the interior will be gutted. The garage will be converted from storage to part of the use. In addition to the extensive interior work, the site will be modified to add a 10 vehicle parking lot to meet the off street parking requirements of the Zoning Code. The site includes enough area to accommodate the addition of a parking lot for vehicles of customers and employees. A preliminary plan has been provided by the applicant but that plan includes all parking in the front yard. This will not allow the site to meet the minimum front yard green space requirements and also raises the issue of storm drainage for the site. E. The Comprehensive Plan includes policies that designate this site as being appropriate for office use due to its proximity to commercial development, its location along an arterial street, size of the site, compatibility of the building and property for commercial reuse and the surrounding zoning and land use designations. Although the property is designated for office use, the site is located among a number of other land use designations. Subsequently the site can be considered as a “transition” location between Milton Avenue, the higher intensity commercial development planned along the west side of Milton Avenue and the low density residential development to the east. The Comprehensive Plan includes guidelines and policies that promote such transitions between land uses and depending upon the appropriateness of the site for the particular designation. The following policies are found within the Comprehensive Plan which would be applicable: a. Provide for some flexibility in land use designations in areas planned for non- residential development to accommodate a range of commercial, industrial and office development. b. Plan for logical transitions between potentially incompatible land uses and avoid locating potentially conflicting land uses adjacent to each other. Require that potentially incompatible uses are buffered from one-another through the use of landscaped buffers, open space uses, or transitions of less-intensive uses. c. Promote expansion of the current economic base of Janesville by accommodating non-residential land uses and employment based land uses consentient with the areas identified for commercial, office and industrial and mixed use development. d. Allow some flexibility in determining the mix of commercial, industrial and office uses in areas designated within any of the Future Land Use categories, per the review and discretion of the City Plan Commission. Plan Commission Public Hearings The Plan Commission opened the public hearing on the case on April 19, 2010 and heard written and verbal testimony regarding the case from property owners adjoining the site to the south. Those property owners have experienced flooding of their rear yards for the past two springs and the neighbors were concerned about the increase stormwater runoff that would be created with the addition of parking for the office conversion of the home. Staff recommended for that meeting that the Commission open the hearing and continue the case until its May 3, 2010 meeting to allow Staff additional time to work through a solution of the potential impacts of the Highway 26 expansion and the rezoning with the Wisconsin Department of Transportation. Between the hearing dates, the Community Development and Engineering staffs reviewed the Wisconsin Department of Transportation plans for improvements along Highway 26. The plans include re-creation of the grass median within the middle of the highway and creation of a frontage road to the north line of the adjoining shopping center. Across the front of the shopping center and the front of the subject property, a private driveway within the DOT right-of-way will be constructed. That driveway would generally drain two the south, to the lot own by DOT. Much of this additional pavement will be offset by the re-creation of the HWY 26 median. An 18 inch storm sewer currently exists at the southernmost corner of the existing shopping center to the north. This sewer can be extended to the subject property to capture stormwater from a new parking area. Staff recommended that the parking lot be constructed on the north and east side of the building on the subject property so that a detention area can be created to capture the new stormwater and detain it on site. The water will then be outlet through the storm sewer system. Included in the recommendation from staff was a requirement for a 20 foot storm sewer easement to be dedicated along the back property line to extend storm sewer to the DOT property further south. This will allow that area to drain and reduce the amount of stormwater arriving at the rear yards of the houses along Fox Hills Drive. The extension of the storm sewer improvements to the DOT property will be done when the Highway 26 improvements are constructed which at this time is scheduled for 2012. These improvements will be paid for by DOT. Plan Commission Minutes April 19, 2010 Gale Price, Manager of Building & Development Services, presented the written staff report. Staff indicated that since the public hearing for this item was advertised, the Plan Commission would need to open it up for public hearing but that there were issues that staff felt needed to be resolved prior to approval and therefore the public hearing should be continued to the next Plan Commission Meeting. Chairperson Helgerson questioned if there was evidence that the flooding on the neighboring residential property was coming from the Milton Avenue side of the property. Price indicated that the shopping center drains to the ditch which eventually drains to the south where some water goes to the low spot behind the subject property. There is an equalizing pipe under Milton Avenue which drains to the west, so when both sides of the ditch in Milton Avenue are full the overflow will end up in the rear yard of the subject property and the house behind it. The thought is to extend storm sewer into the low area to drain the area. Commissioner Hanewold arrived. Commissioner Werner asked if the future intent was to close access to and from Highway 26 and Cantrell stated that would happen in the long term and at that point, access to this particular property would be through an extension of the frontage road in front of the apartment complex. The public hearing was opened and the following persons appeared to speak regarding this item: ? Edward Chady, 4329 Fox Hills Drive, stated that he and his neighbors had provided the information and pictures attached to the Plan Commission report on this item. He indicated that a dental office would be a preferred use to the deteriorating vacant home that is currently on the property but he had concerns about storm water management in the area. He stated that he doesn’t believe the property itself is responsible for the storm water problem but that the strip mall to the north did not put in a storm water system with it’s parking lot so it started draining south onto his property. He doesn’t want the situation to get any worse and is willing to work with the city to do anything to make the situation better. Commission Zolidis asked how often Mr. Chady’s property floods and he indicated that there is flooding anytime there is more than an inch of rain in a 24-hour period, that the flooding is worse in the Spring and that there isn’t any water in his basement due to the flooding and he just doesn’t want that to change. Chairman Helgerson stated that the public hearing would be continued to the May 3 Plan Commission Meeting. Commissioner Perrotto asked who would bear the cost if corrective storm water action was taken. Price stated that the petitioner would have to pay for majority of the cost that it wouldn’t be a public cost but instead it is usually taken care of by the developer of the land. Price indicated that he would bring that information back to the Plan Commission. May 3, 2010 Gale Price, Manager of Building & Development Services, presented the written staff report. The public hearing was opened and the following persons appeared to speak. ? Donald Kwarciany, 2601 O’Hara Drive, petitioner, stated that he has been made aware of and is concerned about the water problem and feels that the City has a good solution to the problem. Chairperson Helgerson asked if Mr. Kwarciany agreed with the City’s solution to the water problem and he indicated that he did. ? Edward Chady, 4329 Fox Hills Drive, asked if the intent would be to divert and prevent the water from traveling south and east into the residential area and also stated that he felt it would be beneficial if the storm water extension to the DOT property could be done at the same time. Price answered that the plan does not include diversion of storm water out of ditch. Cantrell added that ultimately the manhole will be extended into the storm sewer to the DOT property and provide another catch basin inlet so water will be captured and drain rather than flooding nearby properties. He continued that funds are obligated for the DOT Highway 26 improvements for 2012 but the City could possibly work with the DOT to do the improvement at a certain price and then be reimbursed. Chairperson Helgerson stated that although she would not want to see the City wait two years for reimbursement, it does make sense to do the whole project all at once. She also stated concerns regarding the removal of trees and stated that the vegetation is a nice barrier between residential properties and the highway and that care should be taken to reduce as little vegetation as possible. Price agreed and stated that it will benefit the petitioner to reserve as many trees as possible to off-set the landscaping requirements and that there will need to be a landscape screen installed between the business and the residences. Commissioner Werner asked for confirmation that if the project was implemented in phases, that the first phase would not create a worse flooding situation for the nearby residences. Price stated that the first phase would capture storm water run-off from the lot and not create an additional impact. Commissioner Voskuil asked if nearby neighbors could be notified about the project prior to the arrival of heavy equipment and tree removal so they are aware of what is going on. Both neighbors were in attendance at the meeting. The public hearing was closed. There was a motion by Commissioner Voskuil with a second by Commissioner Werner to forward the proposed rezoning to the City Council with a favorable recommendation. The motion carried on a 4-0-0 vote. Fiscal Impact This request involves a change in Zoning of an R1-Zoned parcel to O1 for the purpose of establishing a small dental clinic in an existing, vacant single family home. The subject property includes an existing 58 year old home with frontage on a major state highway. The property includes commercial uses to both the north and the south with a mix of commercial and non-conforming residential uses to the west side of Highway 26. Staff believe that the proposed office use of the site provides a reasonable transition between the higher intensity commercial uses along the west side of Highway 26 and the residential uses to the east and within the Fox Hills Subdivision. The rezoning should result in a positive fiscal impact since conversion to commercial use and the re- investment in the property will likely increase the assessed value. c: Brad Cantrell REVISED ORDINANCE NO. 2010-454 An ordinance changing the zoning classification of 4332 Milton Avenue from R1, Single Family Residence District, to O1, Office/Residence District, with a penalty and injunctive relief for a violation thereof as set forth in JGO 18.28.010. 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 R1, Single Family Residence District, to O1, Office/Residence District: th Part of the East ½ SW. ¼ of Section 8, T.3N., R.13E. of the 4 P.M., Rock County, Wisconsin described as follows: Commencing at the intersection along the north-south centerline of said Section 8 and southeasterly right-of-way of USH 26 (Milton Avenue); thence southwesterly along said right-of-way 519 feet o more or less to the point of beginning; thence S.3542’40”E. 146 feet more or o less, thence southwesterly 195 feet; thence N.3542’40”W. 140 feet more or less to USH 26 right-of-way; thence northeasterly along said right-of-way 198 feet more or less to the point of beginning. SECTION II. The rezoning approval is subject to and conditioned upon each and every of the following conditions: 1. The petitioner is required to pay in advance for the construction of the extension of storm sewer from the sewer’s current terminus at the southern corner of the property directly adjoining and north of the subject property to the southeast corner of the subject property. 2. The petitioner is required to dedicate a twenty foot (20’) public drainage easement along the rear line of the subject property to allow future extension of the storm sewer to the Wisconsin Department of Transportation lot directly adjoining and south of the subject property. 3. That a landscape plan is approved by the Site Plan Review coordinator providing screening of sufficient size and density to screen the subject property’s proposed parking lot from the residential neighbors to the south. SECTION III. 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. 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