#3 Public hearing and action to rezone southwest corner of Sandhill Drive and North Wright Road (File Ord. #2011-484)Community Development Department Memorandum
Date: June 27, 2011
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 the southwest corner of Sandhill Drive and N.
Wright Road from R1 and R3 to O1 (File Ordinance No. 2011-484).
______________________________________________________________________
SUMMARY
HospiceCare, Inc. has submitted a request to rezone property located at the southwest
corner of Sandhill Drive and N. Wright Road (3301 Sandhill Drive) from R3, General
Residence District and R1, Single and Two-Family Residence District to O1,
Office/Residence District. The subject property is currently undeveloped and was
previously rezoned to R3 in 2007 to allow for a senior independent living facility that was
never constructed. HospiceCare, Inc. proposes to construct a new regional service
center on the site, containing approximately 5 acres of land. Initial plans for the facility
do not include in-patient services; however, if the demand for such services is needed in
the future, expansion opportunities to provide in-patient care may be offered on the site.
Office and nursing care services are not permitted within the R3 and R1 Districts,
therefore the property must be rezoned to the O1 District where these uses are
permitted.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to adopt Ordinance No. 2011-484 rezoning property
located at the southwest corner of Sandhill Drive and North Wright Road from R1 and R3
to O1.
CITY MANAGER RECOMMENDATION
The City Manager defers to the Plan Commission.
SUGGESTED MOTION
A motion to adopt Ordinance No. 2011-484 rezoning property located at the southwest
corner of Sandhill Drive and North Wright Road from R1 and R3 to O1.
ANALYSIS
A. The subject property consists of a 5-acre parcel of land situated at the southwest
corner of N. Wright Road and Sandhill Drive. The site is currently undeveloped
and is in agricultural use (see Map 1).
B. The subject property is currently zoned R1 and R3. The Church of Jesus Christ of
Latter Day Saints is located adjacent to and northeast of the subject site. Existing
low-density residential land is located east of the subject property. While all
property surrounding the subject site is zoned R1, Single-Family Residence
District, the undeveloped land to the south and west of the subject property is
designated for Planned Mixed Use (office/commercial) based on the
Comprehensive Plan.
C. The subject property was rezoned from R1, Single and Two-Family Residence
District to R3, General Residence District in 2007 for the construction of a senior
independent living facility. The development never materialized and remained
under ownership of Douglas Marklein and Scott Bever. At this time, Hospice
Care, Inc. has secured an offer to purchase the property and proposes to
construct an approximate 16,000 square-foot facility to act as their regional
Attachment A
service center (See ). The building will include office and storage
space as well as areas for bereavement groups, community and outreach events,
interdisciplinary team meetings, and staff and volunteer training. All hospice
patient care activities will be conducted off-site. The applicants, however, indicate
that if demand for their services increase, in-patient services may be offered on-
site through future expansion.
D. The Future Land Use designation shown on the City’s Comprehensive Plan
identifies the subject property as being appropriate for higher density residential.
The site was designated for multi-family residential on the Future Land Use Map
as a result of the December 2007 rezoning of the property to accommodate a
senior housing proposal. At the time of final Comprehensive Plan adoption (early
2009), the senior housing project remained a viable project and the
Comprehensive Plan reflected that type of land use known as Mixed Residential.
Under Wisconsin’s Smart Growth Planning legislation, land use decisions such as
rezoning of property must be conducted in a manner which is consistent with the
City’s Comprehensive Plan. This was established in order to make land use
decisions more predictable, but the state law also provided some flexibility to local
governments in addressing the statutory requirements based on individual Plans
adopted by each community.
The Comprehensive Plan adopted for the City of Janesville recognizes that the
precise location of zoning district boundaries may vary from slightly from the
general land use boundaries depicted on the Future Land Use map, especially in
transitional areas. Transitional areas are those areas situated between two
distinct land uses. In this case, the subject property is located in a transitional
area between a Single-Family Residential designation to the east and a Planned
Mixed Use (office/commercial) designation to the west (see Map 2). The
Comprehensive Plan recognizes there may be instances where transitions
between designated land uses shown on the map must be determined and
indicates that accommodations should be made to permit land uses or planned
development where it is appropriate and compatible with adjacent land use
categories. Rezoning of property in these transitional areas may occur with
review and approval by the Plan Commission and City Council to ensure
consistency with the Plan.
E. Sandhill Drive is currently partially improved and will be completely improved to
the subject site’s northeast property line as part of this development. Sandhill
Drive, in the future, will be extended west to connect with Deerfield Drive north of
the Pine Tree Plaza. When this connection occurs, it is anticipated that land
directly west of the subject site will be developed with uses more intense than
residential land use. Therefore, the rezoning of this property from R1 and R3 to
O1 serves as a transitional zone district to buffer the single and two-family
residences from more intense land uses planned surrounding the site west of N.
Wright Road.
F. Staff has not been contacted by any residents within or around the requested
rezoning area at the time this report was written. The applicant conducted a
neighborhood meeting in January to present their development plans with
surrounding property owners and residents and no concerns were expressed
regarding the proposed development.
PLAN COMMISSION ACTION – 6 JUNE 2011
Duane Cherek, Manager of Planning Services, presented the written staff report.
The public hearing was opened and no one appeared to speak on this item. The public
hearing was closed.
Commissioner Voskuil announced that Commissioner Marklein would recuse himself
from the discussion and action on this item. Commissioner Marklein indicated that
ownership of the property is not listed as Marklein Builders as indicated in the report but
should be identified as owned by Douglas Marklein and Scott Bever.
Commissioner Voskuil asked about the construction of Sandhill Drive extended west of
North Wright Road. Cherek indicated that Sandhill Drive would be constructed to the
west property line of the development site adjoining Sandhill Drive. Improvements would
include underground utilities, curb, gutter and street paving.
There was a motion by Commissioner Adams with a second by Commissioner Madere to
forward the rezoning of 3301 Sandhill Drive from R1 and R3 to O1 to the City Council
with a favorable recommendation.
FISCAL IMPACT
The subject site is undeveloped and currently in agricultural use. If the property is
rezoned for use by HospiceCare, Inc. as proposed, it is likely that they would seek tax
exempt status for the property, as is the case with their existing site on West Memorial
Drive. The anticipated decline in property tax revenue would be nominal if this site is
rezoned and developed as proposed due to the low agricultural use/value assessment
currently applied; however, it is likely that the existing HospiceCare site on the City’s
west side would be sold which could yield a buyer who is not tax exempt. The
development of this site also has non-quantifiable benefits such as retaining jobs within
the city, providing a valuable service to city residents and the addition of a high quality
facility. The property owners will also be assessed for sidewalks, street lights and storm
sewer as well as for the extension of Sandhill Drive across the frontage of the site.
Given these factors, the fiscal impact on the City is expected to be negligible with the
proposed rezoning.
cc: Eric Levitt
Jay Winzenz
ORDINANCE NO. 2011-484
An ordinance changing the zoning classification of property located at the southwest
corner of Sandhill Drive and N. Wright Road from R3 and R1 to O1 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 R3, General Residence District, and R1, Single-Family Residence District, to O1,
Office/Residence District.
PART OF OUTLOT 1 OF A CERTIFIED SURVEY MAP AS RECORDED IN VOLUME 25,
PAGES 273 THRU 275, OF CERTIFIED SURVEY MAPS OF ROCK COUNTY, WISCONSIN,
AS DOCUMENT NO. 1559526, LOCATED IN THE NW 1/4 OF THE SW 1/4 AND THE SW
1/4 OF THE SW 1/4 SECTION 16; ALSO PART OF THE NE 1/4 OF THE SE 1/4 AND THE
TH
SE 1/4 OF THE SE 1/4 OF SECTION 17, T.3N., R.13E., OF THE 4 P.M., CITY OF
JANESVILLE, ROCK COUNTY, WISCONSIN.
DESCRIBED AS FOLLOWS: Commencing at the SE Corner of said Section 17; thence
N.1°00’24”W. along the East Line of the SE 1/4 of said Section, 1113.82 feet to the most
Southerly Corner of said Outlot; thence N.27°54’20”E. 4.91 feet to the place of beginning for
the land to be herein described; thence N.62°05’40”W. 469.84 feet; thence N.27°54’20”E.
498.56 feet to the Centerline of Sandhill Drive; thence S.62°05’40”E. 529.85 feet to the
Centerline of N. Wright Road; thence S.27°54’20”W. along said Centerline 498.56 feet;
thence N.62°05’40”W. 60.00 feet to the place 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
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Jean Ann Wulf, City Clerk-Treasurer
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Applicant
Prepared by: Community Development Department