#3 & #4 Annex and zone 2609 S USH 51 (File Ord. #2010-469 & #2010-470)Community Development Department Memorandum
Date: January 12, 2011
TO: Janesville City Council
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Action on a proposed ordinance annexing property located at 2609 South
Highway 51(File Ordinance No. 2010-469); and
Action on a proposed ordinance annexing and zoning to B2 property
located at 2609 South Highway 51 (File Ordinance No. 2010-470).
On January 10, 2011, the City Council held a public hearing on Ordinance Nos. 2010-
469 and 2010-470 annexing and zoning to B2 property located at 2609 South Highway
51. Four Councilmembers were in attendance at the time of the public hearing and
subsequently voted 4-0 to adopt the ordinances. State Statutes require a two-thirds
vote of the entire City Council (5 affirmative votes) to adopt an annexation ordinance.
Therefore, it is necessary for Ordinance No. 2010-469 to be considered and acted upon
again by the Council. Separate action on Ordinance No. 2010-470 zoning the property
upon annexation must also occur in order for the zoning to be enacted.
The second reading and public hearing for the Ordinances were previously conducted
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at the January 10Council meeting. In order to comply with the statutory requirements,
Staff is recommending the City Council move to adopt Ordinance Nos. 2010-469 and
2010-470 annexing and zoning to B2 property located at 2609 South Highway 51.
Community Development Department Memorandum
Date: January 10, 2011
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Second reading, public hearing and action on a proposed ordinance
annexing property located at 2609 South Highway 51(File Ordinance No.
2010-469); and
Second reading, public hearing, and action on a proposed ordinance
annexing and zoning to B2 property located at 2609 South Highway 51
(File Ordinance No. 2010-470).
SUMMARY
The City has received a request from Jayson Duffy, owner of Jay’s Big Rolls, Inc.
located at 2609 South U.S. Highway 51 to annex approximately 0.84 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
annexation also includes 0.3 acres of land containing the right-of-way for South U.S.
Highway 51. Upon annexation, the applicant requests that the property be zoned B2 –
Community Shopping District. Following annexation, the owner intends to construct a
small building addition containing office and restroom facilities for the business.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that
following a public hearing, the City Council support a motion to adopt Ordinance Nos.
2010-469 and 2010-470 annexing and zoning to B2 property located at 2609 South
Highway 51.
CITY MANAGER RECOMMENDATION
The City Manager recommends approval.
SUGGESTED MOTION
A motion to adopt Ordinance Nos. 2010-469 and 2010-470 annexing and zoning to B2
property located at 2609 South Highway 51.
ANALYSIS
A. The subject site includes two warehouse buildings situated on a 0.84 acre parcel.
The buildings were originally constructed for cold storage use without sewer or water
service. The warehouse buildings are 3,840 square feet and 4,800 square feet in
size. The owner proposes to construct a small building addition that will include
office and restroom facilities for the business. Municipal sewer and water services
can be provided by connection to mains that were previously installed along the
frontage of the property. The site is contiguous to the City Limits along the north
property line.
B. The site is located in an area of mixed commercial, residential and agricultural
zoning. Property to the east includes agriculture land located in the Town of Rock.
Properties to the west and south include commercial uses. Surrounding land uses
north of the subject property are located within City Limits and include commercial
and residential development. All existing commercial development in the City to the
north is zoned B2 along the Center Avenue corridor. The Comprehensive Plan
recommends a continuation of this type of land use activity and intensity of
development as the corridor expands to the south. Therefore, staff is recommending
the property to be zone B2 – Community Shopping District upon annexation.
C. The Future Land Use designation shown on the Comprehensive Plan identifies the
site as appropriate for Planned Mixed Use. This future land use designation is
intended to allow for a variety of commercial retail and service uses. Application of
the B2 District is consistent with intent of the Planned Mixed Use - Future Land Use
designation.
D. The annexation area is within the City’s urban service limits. Sewer and water
mains have already been extended to serve the subject property and are located in
the street right-of-way adjoining the site. The proposed office addition and utility
service extensions are being coordinated with City Staff to ensure compliance with
City Code and review procedures.
PLAN COMMISSION MINUTES – 3 JANUARY 2011
Brad Schmidt presented the written staff report. There were no questions of Staff.
The public hearing was opened and the following persons appeared to speak regarding this
item:
Bob Kerman, 2807 Center Avenue , owner of Bobbleheads, asked if there was a charge to
hook into the city sewer or if it had been waived for Jay’s Big Rolls. Cherek responded that
there would be special assessments incurred to connect to existing sewer and water mains
located along the frontage of the property. Those costs are based on special assessment
rates that were in place in the year that the service mains were installed. Kerman indicated
that he would like to hook up to city sewer and he wondered if there was any way that the
assessments could be waived. Cherek responded that assessments for connections to
properties such as this are based on the City’s special assessment policy and that Mr.
Kerman should contact the Engineering Department to further inquire about the cost of
assessments for his property.
The public hearing was closed.
There was a motion by Commissioner Perrotto with a second by Commissioner Werner to
forward the zoning upon annexation to the City Council with a favorable recommendation.
The motion carried on a 5-0-0 vote.
FISCAL IMPACT
The applicant intends to construct a small addition to a cold storage warehouse to
provide offices and restroom facilities. Sewer and water lines are currently located
within the U.S. Highway 51 right-of-way adjoining the site. Annexation of this property
will allow the City to recapture those assessment and installation costs that have been
deferred against the property for those utilities. When the office addition is constructed
on the property, the City will collect property taxes on the value added. Thus, the
proposed annexation will provide a minor positive impact for the City.
cc: Eric Levitt
Jay Winzenz
Duane Cherek
ORDINANCE NO. 2010-469
An ordinance annexing territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of
Rock, 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 attached to the City of Janesville.
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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 annexation 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. 2010-469
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 annexation.
SECTION V.
The annexation 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. 2010-470
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:
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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. Levitt, City Manager
McDonald
Perrotto
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Truman
Voskuil
APPROVED AS TO FORM:
City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department