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#8 & #9 Introduce and schedule public hearing to attach and zone 2609 South Hwy 51 (File Ord. #2010-466 & #2010-467) Community Development Department Memorandum Date: October 27, 2010 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Introduce and schedule a public hearing on a proposed ordinance attaching property located at 2609 South U.S. Highway 51(File Ordinance No. 2010-466); and Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance attaching and zoning to B2 property located at 2609 South U.S. Highway 51 (File Ordinance No. 2010-467). _____________________________________________________________________ The City has received a request from Jayson Duffy, owner of Jay’s Big Rolls located at 2609 South U.S. Highway 51, to attach approximately .84 acres of land to the City. The applicant would like to connect to municipal sewer and water facilities which are currently located within street right-of-way adjoining the property. The subject site is contiguous to the City limits and within the City of Janesville/Town of Rock Cooperative Boundary Plan Area which allows for municipal connections to those properties requesting service. In exchange for receiving sewer and water service, owners within the boundary plan area agree to attach their property to the City as soon as they are eligible. In this case, the property is eligible for immediate attachment since it is contiguous to the City limits. The attachment includes 0.3 acres of land containing the right-of-way for South U.S. Highway 51. An attachment to the City is similar to an annexation and must be reviewed by the Council following a public hearing. Coincident with the attachment ordinance, the Community Development Department has prepared an ordinance to zone the property to B2, Community Shopping District. The Community Development Department recommends that following the first reading of Ordinance No. 2010-466 and Ordinance No. 2010-467, they be set for public hearing on December 13, 2010. While the attachment does not require Plan Commission review, the zoning of the property must be referred to the Plan Commission. We therefore recommend that Ordinance No. 2010-467 be referred to the Plan Commission for review and recommendation. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2010-466 An ordinance attaching territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of Rock, Rock County, Wisconsin. WHEREAS , the owner of the land within such territory proposed to be attached has executed and recorded an attachment agreement that set forth the timeframe, circumstances and conditions upon which attachment of property to the City of Janesville shall occur within the City of Janesville/Town of Rock Cooperative Boundary Plan area; 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 attachment to be against the public interest; and WHEREAS , the Common Council has determined that this attachment 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 attached to the City of Janesville. th Part of the Northwest ¼ of Section 13, Township 2 North, Range 12 East of the 4 P.M., Town of Rock, County of Rock and State of Wisconsin, described as follows: Commencing on the North line of said Section 13 extended West to the center of U.S. Highway 51; thence South, along the center of said U.S. Highway 51, 18 rods; thence East, parallel with the North line of said Section, 18 rods; thence North, parallel with the center of said U.S. Highway 51, 18 rods to the North line of said section; thence West, along the North line of said section, to the center of said U.S. Highway 51 and the place of beginning; excepting therefrom, that part of thereof taken for U.S. Highway 51; further excepting therefrom, the South ½ thereof, conveyed by Warranty Deed dated October 3, 1961, recorded October 5, 1961, in Volume 27 of Records, on Page 138, in the office of the Register of Deeds for Rock County, Wisconsin. Contains approximately .84 acres. Also including the right-of-way for U.S. Highway 51 described as follows: Commencing at the Northeast corner said Section 13, East along North line said Section to the East ROW line State Highway 51, 43 ft m/l; thence south along said ROW line 150 ft m/l; thence West and parallel North line said Section to the West ROW line State Highway 51, 86 feet m/l; thence North along said ROW line to the North line Section 13, 150 ft m/l, thence East along said North line to the Northeast corner said section, also being the point of beginning, 43 ft m/l. Contains approximately 0.3 acres. SECTION II. After this attachment becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of Rock 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. ORDINANCE NO. 2010-466 PAGE 2 SECTION III. All the territory attached by this ordinance is hereby made part of Ward 32 of the City of Janesville. SECTION IV. There are no residents in the area proposed for attachment. SECTION V. The attachment 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: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department ORDINANCE NO. 2010-467 An ordinance changing and establishing the zoning classification of property located at 2609 South U.S. Highway 51. 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 B2, Community Shopping District: th Part of the Northwest ¼ of Section 13, Township 2 North, Range 12 East of the 4 P.M., Town of Rock, County of Rock and State of Wisconsin, described as follows: Commencing on the North line of said Section 13 extended West to the center of U.S. Highway 51; thence South, along the center of said U.S. Highway 51, 18 rods; thence East, parallel with the North line of said Section, 18 rods; thence North, parallel with the center of said U.S. Highway 51, 18 rods to the North line of said section; thence West, along the North line of said section, to the center of said U.S. Highway 51 and the place of beginning; excepting therefrom, that part of thereof taken for U.S. Highway 51; further excepting therefrom, the South ½ thereof, conveyed by Warranty Deed dated October 3, 1961, recorded October 5, 1961, in Volume 27 of Records, on Page 138, in the office of the Register of Deeds for Rock County, Wisconsin. Contains approximately .84 acres. Also including the right-of-way for U.S. Highway 51 described as follows: Commencing at the Northeast corner said Section 13, East along North line said Section to the East ROW line State Highway 51, 43 ft m/l; thence south along said ROW line 150 ft m/l; thence West and parallel North line said Section to the West ROW line State Highway 51, 86 feet m/l; thence North along said ROW line to the North line Section 13, 150 ft m/l, thence East along said North line to the Northeast corner said section, also being the point of beginning, 43 ft m/l. Contains approximately 0.3 acres. 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 Eric J. 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