#2 & #3 Public hearing and action to annex and zone 2120 E Delavan Drive (File Ords. #2011-487 & #2011-488)Community Development Department Memorandum
TO:
Janesville City Council
FROM:
Brad Schmidt, AICP, Associate Planner
DATE:
July 15, 2011
SUBJECT:
Second reading, public hearing and action on a proposed ordinance
annexing property located at 2120 East Delavan Drive (File Ordinance No.
2011-487); and
Second reading, public hearing and action on a proposed ordinance
zoning property located at 2120 E. Delavan Drive to R1 upon annexation
(File Ordinance No. 2011-488).
SUMMARY
Ervin and Jackilyn Steinke have submitted a valid unanimous petition to annex their
property at 2120 East Delavan Drive. The property owners desire to be connected to
public sewer and water mains located in the vicinity. The property contains a single-
family residence with a well that has failed on the site. The property is contiguous with
the City limits and can be served with Municipal sewer and water through a short
extension of those facilities within Delavan Drive. In order to connect to the City’s sewer
and water system, annexation is required.
Coincident with the annexation ordinance, the Community Development Department
has prepared an ordinance to zone the property to R1, Single and Two-Family
Residence District.
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.
2011-487 and 2011-488 annexing and zoning to R1 property located at 2120 East
Delavan Drive.
ASSISTANT CITY MANAGER’S RECOMMENDATION
The Assistant City Manager concurs with the recommendation of the Plan Commission.
SUGGESTION MOTION
A motion to adopt Ordinance Nos. 2011-487 and 2011-488 annexing and zoning to R1
property located at 2120 East Delavan Drive.
ANALYSIS
A. The proposed annexation area is zoned rural residential in LaPrairie Township
and is developed with a single-family residence.
B. The subject site is contiguous with Janesville City limits and can be provided with
public sewer and water service. Those utilities are located west (approximately
200 feet) of the site and can be extended to serve the subject property.
C. The City’s General Development Plan identifies the subject property as being
located within a Single-Family Residential designation. That designation typically
applies to areas that contain or are appropriate for single-family residences. In
this case, the property is situated among several single-family home sites on the
south side of East Delavan Drive. Based on the property’s current use and those
in the surrounding area, zoning the property to R1 is appropriate and consistent
with City plans.
PLAN COMMISSION MINUTES – 5 JULY 2011
Brad Schmidt, Associate Planner, presented the written staff report. There was no
discussion.
The public hearing was opened and no one appeared to speak regarding this item. The
public hearing was closed.
Commissioner Marklein asked if the homeowners were aware of the requirements to
abandon their well and Cherek indicated that he had discussions with them regarding
this.
There was a motion by Commissioner Marklein with a second by Commissioner
Dongarra-Adams to forward the zoning of property located at 2120 E. Delavan Drive to
R1 upon annexation to the City Council with a favorable recommendation.
The motion carried on a 5-0-0 vote.
FISCAL IMPACT
The subject property proposed for annexation is developed with a single family
residence with a failed septic system. The property adjoins a string of residences that
were constructed in the Town along the south side of E. Delavan Drive. These
properties, including the subject site, are contiguous to the city limits. Public sewer and
water can be provided to this site through an extension of mains of approximately 200
feet along E. Delavan Drive. Such extension will make sewer and water available to
one other residence west of the site and vacant land on the north side of Delavan Drive.
While utility costs will be deferred for those properties currently located outside the City,
future collection of assessments can be recaptured as requests for service connection
and annexation occur. The sanitary sewer within Delavan Drive includes a main sewer
trunk line that must ultimately be extended in this direction to service lands further to the
east. As such, the annexation and utility extension necessary to serve the subject
property should result in a positive fiscal impact on the city over the long term.
CC: Duane Cherek
ORDINANCE NO. 2011-487
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 two 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.
th
Part of the NE ¼ of Section 6, T.2N, R.13E, of the 4 P.M., City of Janesville, Rock County,
Wisconsin described as follows: Lot 1 of Burmester’s Subdivision within the Town of LaPrairie,
Rock County, Wisconsin. Containing .381 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 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 attached by this ordinance is hereby made part of Ward 28 of the
City of Janesville.
SECTION IV.
There are two 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.
ORDINANCE NO. 2011-487
PAGE 2
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Applicant
Prepared by: Community Development Department
ORDINANCE NO. 2011-488
An ordinance changing and establishing the zoning classification of property located at
2120 E. Delavan Drive.
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 R1, Single and Two-Family Residence District:
th
Part of the NE ¼ of Section 6, T.2N, R.13E, of the 4 P.M., City of Janesville, Rock County,
Wisconsin described as follows: Lot 1 of Burmester’s Subdivision within the Town of LaPrairie,
Rock County, Wisconsin. Containing .381 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
Dongarra-Adams
Liebert
ATTEST:
McDonald
Rashkin
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
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