#2 Public hearing and action on proposed changes to industrial zoning ordinance (Revised File Ord. #2010-455)
Community Development Department Memorandum
Date: July 7, 2010
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
SUBJECT: Second reading and public hearing and action on a proposed ordinance
amending Section 18.36.050 (Industrial Districts) of the Code of General
Ordinances (File Revised Ordinance No. 2010-455)
_____________________________________________________________________
SUMMARY
The Community Development Department is proposing an amendment to Section
18.36.050 of the Zoning Ordinance to allow public and private recreation facilities as a
conditional use in the M1, Light Industrial District. Currently, the M1 District allows
public recreation facilities as a permitted use; however, private recreation facilities are
not permitted in the industrial zone district. The ordinance amendment proposes to
combine both public and private recreation facilities into the same zoning classification
and limit such uses to indoor types of activities as a conditional use in the M1 District.
Examples of specific recreational activities listed in the proposed ordinance amendment
include gymnastics, dance schools, skating rinks, tennis courts, soccer, fitness centers
and other similar uses. Ordinance No. 2010-455 was revised to indicate these activities
be contained within enclosed buildings.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to adopt Ordinance No. 2010-455 amending Section
18.36.050 (Industrial Districts) of the Code of General Ordinances to allow public and
private recreation facilities as a conditional use in the M1, Light Industrial District.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
A motion to adopt Ordinance No. 2010-455 amending Section 18.36.050 (Industrial
Districts) of the Code of General Ordinances to allow public and private recreation
facilities as a conditional use in the M1, Light Industrial District.
ANALYSIS
A. The M1, Light Industrial District, is generally designed to provide a suitable
environment for those industrial activities which are substantially hazard and
nuisance free and also for those activities which do not create appreciable
hazards or nuisances. Most of the City’s major industrial areas are zoned M1,
meaning a significant number of buildings and properties are located in this zone
district. Buildings constructed in the M1 District are designed to accommodate a
wide range of industrial establishments including manufacturing, production,
processing, warehousing and distribution activities. Those structures usually
contain a considerable amount of floor space (sq ft area) ranging from perhaps
10,000 sq ft to 100,000 sq ft or more. They also tend to have a higher than
typical ceiling height based on their intended use.
B. Considering the character of industrial buildings located in the M1 District and the
current availability of vacant manufacturing space in the City, staff continues to
receive inquiries for potential reuse of some of those properties for indoor
recreational activities such as soccer, dance/gymnastics and karate, for example.
The Zoning Ordinance currently restricts placement of such activities to the office
and commercial districts. However, the nature of these types of activities,
including trade schools, often require a greater amount of space per occupant or
user group than what is typically available for most commercial space. Certain
industrial buildings tend to lend themselves to accommodating indoor
recreational uses and/or trade schools because of their spatial arrangement and
layout. In most cases, sufficient parking can be provided on industrial-zoned
sites due to their size and the number of stalls required for the specific use. Staff
does not anticipate a conflict in land use to occur between light industrial
development on adjoining sites and indoor recreational uses or activities.
Rather, we view this amendment as an adjustment that is reasonable, proactive
and provides additional flexibility in the code. It addresses a potential need and
provides an opportunity to allow for a wider range of activities listed under the
conditional use permit process in the M1 District. The amendment will also treat
indoor public and private recreational facilities in the same manner; as a
conditional use in the M1 District.
C. If this amendment is enacted, trade schools and recreational facilities within
enclosed buildings would be listed as a conditional use in the M1 District. As
with all conditional uses, the Plan Commission would review the details provided
on a site plan as well as hold a public hearing and evaluate the appropriateness
of a proposed use at a specific location. This process would allow the Plan
Commission to apply conditions, if necessary, to ensure the facility would be
compatible with planned or existing development in the surrounding area. The
conditional use process provides the Plan Commission and the City with the
added safeguard of thorough evaluation prior to the establishment of a
recreational use/trade school in this District. Based on these measures, staff
supports the proposed amendment to include these activities as a conditional
use with the M1 District.
PLAN COMMISSION ACTION – 6 JULY 2010
Duane Cherek, Planning Services Manager, presented the written staff report and
indicated that staff conducted some additional research on how recreational facilities
are regulated in other communities. Cherek noted that other communities typically
distinguish between indoor and outdoor types of recreational facilities, but most allow
some level of recreational activity as a conditional use in industrial districts. Each
community takes a slightly different approach and tailors the listing of permitted
recreational activities uniquely into their respective codes. Cherek indicated the
ordinance was revised to limit recreational activities to indoor facilities only.
Commissioner Helgerson asked for an explanation of the M1 District and how the
proposed amendment would impact that District. Cherek indicated the M1 District is
principally designed to accommodate a wide range of light industrial, manufacturing,
assembly and distribution types uses. Cherek stated the proposed amendment would
provide some additional flexibility in the code to allow indoor recreational activities to be
an eligible land use permitted in the M1district under the conditional use process.
Cherek further stated that outdoor public recreational activities would continue to remain
a permitted use in the M1 district since they would likely fall under the current parks,
playgrounds and open space listing in the district.
The public hearing was continued from the meeting of June 21. No one appeared to
speak. The public hearing was closed.
A motion was made by Commissioner Werner with a second by Commissioner Adams
to forward Revised Ordinance No. 2010-455 to the City Council with a positive
recommendation to allow public and private recreational facilities as a conditional use in
the M1, Light Industrial District
The motion passed on a 6-0-0 vote.
FISCAL IMPACT
The proposed text amendment will expand the range of activities listed in the M1, Light
Industrial District by includingpublic and private recreation facilities as a conditional use
in the M1 District. The proposed change would provide an additional land use
opportunity within the M1 District that will be reviewed under the conditional use permit
process. While future occupancy of industrial-zoned property would provide a positive
fiscal impact on the city, staff does not anticipate that impact to be significant as a result
of this text amendment to the zoning ordinance.
cc: Eric Levitt
Jay Winzenz
Brad Cantrell
REVISED ORDINANCE NO. 2010-455
An ordinance amending various provisions of Section 18.36.050 (Industrial Districts) of the
Zoning Code of the City of Janesville, with penalties for violations thereof, together with
injunctive relief and remedies upon default of forfeiture payment as set forth in JGO 18.28.010.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 18.36.050 B.1.b.xxv. of the Code of General Ordinances of the City of
Janesville is hereby repealed:
xxv. Public recreation facilities
SECTION II.
Sections 18.36.050 B.1.c.xi and xii. of the Code of General Ordinances of the
City of Janesville are hereby created to read as follows:
“xi. Trade schools.
xii. Recreation facilities (public and private) in enclosed buildings - gymnastics,
dance schools, skating rinks, tennis courts, soccer, fitness centers and other
similar uses.
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. 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