#3 Public hearing and action to rezoning 2723 W Memorial (File Ord. #2010-461)Community Development Department Memorandum
October 11, 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 2723 West Memorial Drive from B2 to R3M
(File Ordinance No. 2010-461).
SUMMARY
Roger & Deb Pulver have requested the rezoning of property located at 2723 West
Memorial Drive from B2, Community Shopping District, to R3M, Medium-Density
Residence District. The applicants are requesting the rezoning to allow for a
condominium development on this parcel in connection to the adjoining parcel to the
west which is also under their ownership. The applicants were previously approved for
a duplex condominium development on the adjoining property in 2007, but the project
did not move forward due to changes in the market conditions. It is the applicants’
intent to come forward with a new development plan once market conditions improve.
In the interim the property will remain vacant. 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 adopt Ordinance No.
2010-461 rezoning property located at 2723 West Memorial Drive from B2 to R3M.
CITY MANAGER RECOMMENDATION
The City Manager defers to the recommendation of the Plan Commission.
ANALYSIS
A. The subject property consists of a 1-acre vacant parcel of land adjoining West
Memorial Drive, located south of the Hickory Meadows condominium development.
The site is currently zoned B2, General Business, and was previously developed
with a tavern that was demolished in 1994. The applicant recently purchased the
subject property and desires to rezone the site to R3M consistent with his adjoining
2.5 acre parcel to the west. Eventually, the Pulver’s desire to redevelop both parcels
with two-family condominium buildings as part of a Planned Unit Development
(PUD). In order to combine the parcels into one lot, the applicant has submitted a
preliminary certified survey map.
B. Residential development is the predominate land use in the area surrounding the
subject property. Adjoining land uses and zoning include the Hickory Meadows
condominium development located to the north which is zoned R3. The property to
the west is zoned R3M – a result of the applicant’s previous development proposal
in 2007. A single-family home zoned R1 adjoins the property to the east, and the
Janesville Country Club and golf course fairways are located immediately to the
south.
C. The City’s Comprehensive Plan designates this property as Planned Neighborhood
– a future land use category that is intended to provide for a variety of housing types.
Most development planned for primarily residential neighborhoods in the city is
shown with this designation. The Planned Neighborhood concept encourages a mix
of housing choices that includes mostly single-family, but also allows for limited
areas of higher density residential in appropriate locations. The application of the
R3M district in this location is consistent with that Planned Neighborhood
designation as well as the character of existing and planned residential development
in the surrounding area. The R3M district regulates density by restricting the
number of dwelling units to five units or less per building. The applicant proposes to
combine this property with his adjoining parcel to facilitate the future development of
a duplex condominium project approved under the PUD process. Expansion of the
site for that purpose requires review and approval by Plan Commission.
D. Other factors exist that lend support to rezoning this property for the intended land
use. The property is currently vacant, zoned B2, Business, and far removed from
any established commercial district or node. Many of the uses permitted in the B2
District could present potential conflicts in use and compatibility issues if the site
were developed in that manner. The rezoning from B2 to R3M results in a down
zoning of the property to a residence district that is reflective of the scale of
development in the surrounding area. It also adjoins a through arterial street where
application of the R3M district is encouraged. Lastly, rezoning this property to R3M
will make the zoning and future land use of the site consistent with the
recommendations of the Comprehensive Plan.
E. Staff has received a letter in support of the proposed rezoning from Jim Thorpe, a
residential property owner who resides in the nearby Hickory Meadows
condominium development. The letter is attached to this report. No other contacts
to the Department were made at the time this report was written.
PLAN COMMISSION ACTION – 4 OCTOBER 2010
Duane Cherek, Manager of Planning Services, presented the written staff report. There
was no discussion regarding this item.
There was a motion by Commission Perrotto with a second by Commissioner Helgerson
to forward the requested rezoning of property located at 2723 West Memorial Drive from
B2 to R3M to the City Council with a favorable recommendation.
The motion carried on a 7-0-0 vote.
FISCAL IMPACT
The subject property is currently assessed at approximately $44,000. That assessment
reflects the property’s current B2 zoning and vacant status. If the property is rezoned to
R3M and remains undeveloped, the assessment of the land will not likely increase from
that action alone. However, it is the applicant’s intent to combine this parcel with his
adjoining property to the west, and ultimately pursue redevelopment of both properties
with a duplex condominium project. With this rezoning and the combining of properties
as part of the certified survey process, a net increase in assessed value of the
consolidated property is expected. Future development of the site, as proposed, would
also generate taxable values that could be realized from the residential construction,
and thus result in a positive fiscal impact on the City.
cc: Gale Price
ORDINANCE NO. 2010-461
An ordinance changing the zoning classification of 2723 West Memorial Drive
from B2, Community Shopping District, to R3M, Medium-Density Residence
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 B2, Community Shopping District, to R3M, Medium-Density Residence
District:
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Part of the NE.1/4 of Section 27, T.3N., R.12E. of the 4 P.M., City of Janesville,
Rock County, Wisconsin, described as follows: Commencing at the intersection
of the centerline of Memorial Drive with the east line of said Section 27 said point
o
being due north 727.30' from the east ¼ corner; thence N5330'W along the
o
centerline of the highway 881.90' to the point of beginning; thence S634'00"W
oo
255.31'; thence N8936'00"W 132.37'; thence N0024'00"E 370.36' to the
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centerline of the highway; thence S5330'E 197.77' to the point of beginning.
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:
Assistant City Attorney
Proposed by: Applicant
Prepared by: Community Development Department