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#4 & #5 Introduce, refer to Plan Commission and schedule public hearing to annex & zone 2006 N Ct Trunk #Annexation 2006 N Cty Tr E (File Ord. #2011-495 & #2011-496)Community Development Department Memorandum Date: August 8, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Introduce and schedule a public hearing on a proposed ordinance annexing property located at 2006 North County Trunk E (File Ordinance No. 2011-495); and Introduce, refer to Plan Commission and schedule a public hearing on a proposed ordinance zoning property located at 2006 North County Trunk E to B2 upon annexation, and rezoning of other adjoining property to B2 (File Ordinance No. 2011-496). _____________________________________________________________________ Bruce & Lynn Monson have submitted a valid unanimous petition to annex property they own at 2006 North County Trunk E in Janesville Township. The property contains a bar/restaurant (Wedges) that has experienced a failed septic system. The property is contiguous with the City limits and can be served with municipal sewer and water. In order to connect to these utility services, annexation is required. Coincident with the annexation ordinance, the Community Development Department has prepared an ordinance to zone the property to B2, Community Shopping District. In addition to the request for B2 zoning of property within the annexation area, the applicants are requesting that a contiguous parcel of land under their ownership be rezoned from its current Conservancy and Parking Overlay zoning to the B2 District (see location map). The Community Development Department recommends that following the first reading of Ordinance No. 2011-495 and Ordinance No. 2011-496, they be set for public hearing on September 26, 2011. While the annexation does not require Plan Commission review, the zoning of the property must be referred to the Plan Commission. We therefore recommend that Ordinance No. 2011-496 be referred to the Plan Commission for review and recommendation. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-495 An ordinance annexing territory in Section 23 in T.3N., R.12E. of the 4th P.M., Town of Janesville, 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. TH PART OF THE SW 1/4 OF SECTION 23, T.3N., R.12E. OF THE 4 P.M., TOWN OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the West 1/4 Corner of said Section, thence S.88°22’30”E. along the East-West Centerline of said Section, 2241.24 feet to the Centerline of County Highway “E”; thence S.42°32’E. along said Centerline 321.18 feet to the most Southerly Corner of a Certified Survey Map recorded in Volume 1, Page 312, as Document No. 758901; thence N.47°48’E. along the SE Line of said Certified Survey Map, 33.00 feet to the place of beginning for the land to be herein described; thence N.47°28’E. continuing along said SE Line, 224.55 feet to the North-South Centerline of said Section; thence S.1°08’45”W. along said North-South Centerline 325.14 feet; thence N.42°32’W. 235.00 feet to the place of beginning. 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 Janesville 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 1 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. ORDINANCE NO. 2011-495 PAGE 2 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 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. 2011-496 An ordinance changing and establishing the zoning classification of property located at and adjoining 2006 N. County Trunk E. 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 SW 1/4 OF SECTION 23, T.3N., R.12E. OF THE 4 P.M., TOWN OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the West 1/4 Corner of said Section, thence S.88°22’30”E. along the East-West Centerline of said Section, 2241.24 feet to the Centerline of County Highway “E”; thence S.42°32’E. along said Centerline 321.18 feet to the most Southerly Corner of a Certified Survey Map recorded in Volume 1, Page 312, as Document No. 758901; thence N.47°48’E. along the SE Line of said Certified Survey Map, 33.00 feet to the place of beginning for the land to be herein described; thence N.47°28’E. continuing along said SE Line, 224.55 feet to the North-South Centerline of said Section; thence S.1°08’45”W. along said North-South Centerline 325.14 feet; thence N.42°32’W. 235.00 feet to the place of beginning. SECTION II. The zoning classification of the following described changed from Conservancy/Parking Overlay to B2, Community Shopping District. PART OF THE SW. ¼ OF THE NE.1/4 AND PART OF THE NW.1/4 OF THE SE.1/4 OF TH SECTION 23, T.3N., R.12E OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the west ¼ corner of said Section 23; thence o S.8822’30”E. along the east-west centerline of said Section, 2241.24 feet to the centerline of oo C.T.H. E ; thence S.4232’E. along said centerline, 524.15 feet; thence N.2122’25”E. 133.01 feet to an iron pin monument on the north-south centerline of said section (as monumented), o thence N.108’45”E. along said north-south centerline, 101.1 feet to an iron pin monument at o the place of beginning for the land to be herein described; thence continuing N.108’45”E. along said north-south centerline, 202.82 feet to an iron pipe monument on the southwesterly R.O.W. o (Right-Of-Way) line of the Chicago and Northwestern Railroad property; thence S.3311’45”E. along said southwesterly R.O.W. line, 151.32 feet to an iron pin monument; thence o S.4846’20”W. 115.55 feet to the place of beginning. SECTION III. 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. 2011-496 PAGE 2 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. 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