#4 & #5 Introduce & refer to Plan Commission proposed annexation & zoning of land adjoining LaPrairie Park (File Ord. #2010-464 and #2010-465)Community Development Department Memorandum
Date: September 13, 2010
TO: Eric Levitt, City Manager
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Introduce a proposed ordinance annexing property located along Todd
Drive south of Delavan Drive and adjoining La Prairie Park (File Ordinance
No. 2010-464); and
Introduce and refer to Plan Commission a proposed ordinance zoning
property located along Todd Drive south of Delavan Drive and adjoining
La Prairie Park to Mining and M1 upon annexation (File Ordinance No.
2010-465).
_____________________________________________________________________
Mule Hill Materials & Nursery, Inc. has filed a petition to annex 75.06 acres along the
southerly extension of Todd Drive located south of the Wisconsin & Southern Railroad.
Drive south of E. Delavan Drive. Mule Hill desires to extract (mine) sand and gravel on
this portion of the landholding which is currently located in the Town of La Prairie. The
mining activity would remain east of the Todd Drive right-of-way corridor that extends
south of Delavan Drive. In order to establish this land use in the City, the subject
property would need to be annexed and zoned for Mining. The zoning process requires
the petitioner to submit an operation and phasing plan, as well as a reclamation plan, to
be reviewed and approved in conjunction with the mining designation. Approximately
10 acres of land located west and adjoining Todd Drive is proposed for M1, Light
Industrial zoning.
The Community Development Department has prepared Ordinance No. 2010-464
annexing the land. The applicant has also submitted an application to zone the property
to Mining and M1, Light Industrial District upon annexation, as reflected in the attached
Ordinance No. 2010-465.
While the annexation does not require Plan Commission review, the zoning of property
must be referred to the Plan Commission. Therefore, staff recommends that Ordinance
No. 2010-465 be referred to the Plan Commission for review and recommendation.
Both the zoning and annexation ordinances will be brought back to the City Council
following Plan Commission review and a public hearing on the zoning of the property,
as requested. Staff anticipates a public hearing before Plan Commission will be
scheduled later this fall following a thorough analysis of the development proposal.
ORDINANCE NO. 2010-464
An ordinance annexing territory in Section 6 in T.2N., R.13E. of the 4th P.M., Town of
LaPrairie, Rock County, Wisconsin.
WHEREAS
, a petition signed by the owner of the land within such territory proposed to be
annexed has been filed with the City Clerk; and
WHEREAS
, there are no electors residing in the territory; 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 annexation to be
against the public interest; and
WHEREAS
, the Common Council has determined that this annexation 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 annexed to the City of Janesville.
th
Part of the SE.1/4 and part of the NE.1/4 of Section 6, T.2N., R.13E. of the 4 P.M., LaPrairie
Township, Rock County, Wisconsin described as follows:
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Commencing at the east ¼ corner of said section; thence S0001’44”W along the east line of
the SE.1/4 of said Section, 595.00 feet to the south line of the north 18 acres of the east ½ of
o
the SE.1/4 of said Section, thence N8946’50”W along said south line 297.0 feet to the place of
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beginning for the land to be herein described; thence S0001’44”W. 850.44 feet; thence
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N8926’53”W 2341.73 feet to the north-south centerline of said Section; thence N0010’40”E
along said north-south centerline, 1431.85 feet to the center of said Section; thence continuing
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N0010’40”E. along said north-south centerline 339.94 feet to the south line of the railroad
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property; thence N8701’22”E along said south line, 44.95 feet; thence N8629’12”E continuing
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along said south line, 80.15 feet; N8569’52”E continuing along said south line, 183.26; thence
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N8552’52”E continuing along said south line, 1012.90 feet to the east line of the SW.1/4 of the
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NE.1/4 of said Section; thence S0013’36”W along said east line, 437.78 feet; thence
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S0005’10”W. along the east line of the NW.1/4 of the SE.1/4 of said Section, 595.00 feet to the
SW. corner of said north 18 acres of the east ½ of the SE.1/4 of said Section; thence
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S8946’50”E 1021.20 feet to the place of beginning.
SECTION II.
After this annexation becomes effective, the above described property shall be
exempt from and not subject to further taxation and assessments in the Town of LaPrairie 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.
SECTION III.
All the territory annexed by this ordinance is hereby made part of Ward 28 of the
City of Janesville.
REVISED ORDINANCE NO. 2010-464
PAGE 2
SECTION IV.
There are no residents in the area proposed for annexation.
SECTION V.
The annexation area 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:
City Attorney, Wald Klimczyk
Proposed by: Applicant
Prepared by: Community Development Department
ORDINANCE NO. 2010-465
An ordinance changing and establishing the zoning classification of property located
adjoining LaPrairie Park located south of East Delavan Drive and west of Read Road to M
and M1 upon annexation.
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 M, Mining:
TH
PART OF THE NE 1/4 AND PART OF THE SE 1/4 OF SECTION 6, T.2N., R.13E. OF THE 4
P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the East 1/4 Corner of said Section; thence
S.0°01’44”W. along the East Line of the SE 1/4 of said Section, 595.00 feet to the South Line of
the North 18 acres of the East 1/2 of the SE 1/4 said Section; thence N.89°46’50”W. along said
South Line, 297.00 feet to the place of beginning for the land to be herein described; thence
S.0°01’44”W. 850.44 feet; thence N.89°26’53”W. 1847.71 feet to the Centerline of Todd Drive,
thence Northerly, along said Centerline, along a curve to the Left, 208.53 feet, having a radius
of 800.00 feet and a chord bearing N.10°10’26”W. 208.53 feet; thence N.17°39’45”W.
continuing along said Centerline, 1154.52 feet; thence Northerly continuing along said
Centerline, along a curve to the Right 104.38 feet, having a radius of 340 feet and a chord
bearing N.8°52’02”W. 103.97 feet; thence N.0°04’20”W. continuing along said Centerline,
373.24 feet to the South Line of the Railroad Property; thence N.86°29’12”E. 40.08 feet; thence
N.85°59’52”E. continuing along said South Line, 183.26 feet , thence N.85°52’52”E. continuing
along said South Line, 1012.90 feet to the East Line of the SW 1/4 of the NE 1/4 of said Section;
thence S.0°13’36”W. along said East Line, 437.78 feet; thence S.0°05’10”W. along the East
Line of the NW 1/4 of the SE 1/4 of said Section, 595.00 feet to said South Line of said North
18.00 acres; thence S.89°46’50”E. along said South Line, 1021.20 feet to the place of
beginning. Containing 64.82 acres, more or less.
SECTION II. The zoning classification of the following described property is established
as M1, Light Industrial:
TH
PART OF THE NE 1/4 AND PART OF THE SE 1/4 OF SECTION 6, T.2N., R.13E. OF THE 4
P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the East 1/4 Corner of said Section; thence
S.0°01’44”W. along the East Line of the SE 1/4 of said Section, 595.00 feet; thence
N.89°46’50”W. 297.00 feet; thence S.0°01’44”W. 850.44 feet; thence N.89°26’53”W. 1847.71
feet to the Centerline of Todd Drive, also being at the place of beginning for the land to be
herein described; thence N.89°26’53”W. 494.02 feet to the North-South Centerline of said
Section; thence N.0°10’40”E. along said North-South Centerline, 1431.85 feet to the Center of
said Section; thence N.0°10’40”E. continuing along said North-South Centerline, 339.94 feet to
the South Line of the Railroad Property; thence N.87°01’22”E. along said South Line, 44.95
feet; thence N.86°29’12”E. continuing along said South Line, 40.07 feet to said Centerline of
Todd Drive; thence S.0°04’20”E. along said Centerline 373.24 feet; thence Southerly,
continuing along said Centerline along a curve to the Left, 104.38 feet, having a radius of
340.00 feet and a chord bearing S.8°52’02”E. 103.97 feet; thence S.17°39’45”E. continuing
along said Centerline, 1154.52 feet; thence Southerly along a curve to the Right, 209.12 feet,
having a radius of 800 feet and a chord bearing S.10°10’26”E. 208.53 feet to the place of
beginning. Containing 10.24 acres, more or less.
ORDINANCE NO. 2010-465
Page 2
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:
City Attorney, Wald Klimczyk
Proposed by: Applicant
Prepared by: Community Development Department