#2 & #3 Annexation and zone property at 2006 N Cty Rd E (File Ord. #2011-495 & #2011-496)
Community Development Department Memorandum
TO:
Janesville City Council
FROM:
Brad Schmidt, AICP, Associate Planner
DATE:
October 10, 2011
SUBJECT:
Second reading, public hearing and action on a proposed ordinance
annexing property located at 2006 North County Trunk E (File Ordinance
No. 2011-495); and
Second reading, public hearing and action 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).
SUMMARY
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 small contiguous parcel of land under their ownership
be rezoned from its current Conservancy and Parking Overlay zoning to the B2 District
(see location map).
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.
2011-495 and 2011-495 annexing and zoning to B2 property located at 2006 North
County Trunk E and rezoning an adjoining parcel to B2. Approval of the annexation
requires a 2/3 vote of the Council, therefore five favorable votes are necessary.
CITY MANAGER’S RECOMMENDATION
The City Manager concurs with the Plan Commission recommendation.
SUGGESTION MOTION
A motion to adopt Ordinance Nos. 2011-495 and 2011-496 annexing and zoning to B2
property located at 2006 North County Trunk E and rezoning an adjoining parcel to B2.
ANALYSIS
A. The site is contiguous to the City limits along the north and south property lines.
A mix of land use and zoning exists in the area surrounding the site. Property to
the east and south includes Riverside Park and golf course which is zoned
Conservancy. Property to the north contains the Elks Lodge which is zoned O1,
Office. Properties west of the subject property are located in the Town of
Janesville and include single-family residential properties.
B. The subject site is includes an existing building and parking lot improvements for
Wedges bar and restaurant situated on a 0.61 acre parcel. The site has recently
experienced a failed septic system. Sewer service can be provided to the
subject property through a connection to a force main that can be extended along
the east perimeter of the site to allow for a connection to the City’s public sewer
system. Municipal water services are readily available to the site with mains
located in the adjoining streets.
C. Upon annexation, the applicants have requested and Staff supports zoning the
subject property to B2, Community Shopping Center District. The property is
currently zoned Commercial in the Town reflective of the existing business use of
the property. The Future Land Use designation shown on the Comprehensive
Plan identifies the site as appropriate for neighborhood commercial use. This
designation is reflective of the long standing commercial use of the property and
its relative isolation from other surrounding development. Therefore, application
of the B2 District for this property is consistent with the future land designation in
this area.
D. In addition to the request to annex and zone the parcel containing Wedges, the
applicants have also requested to rezone a small adjoining parcel of land under
their ownership from Conservancy and Parking Overlay District to B2,
Community Shopping District. This parcel is located within City limits and is used
by the restaurant owners for parking. Rezoning this parcel to B2 will consolidate
the commercial zoning of land which supports the existing business use of the
property.
PLAN COMMISSION MINUTES – 6 September 2011
Brad Schmidt, Associate Planner, presented the written staff report.
Commissioner Marklein asked if the petitioner was aware of in-city licensing
requirements and Mr. Monson confirmed that he was. He asked about the possibility of
postponing action on the annexation until after the liquor license was approved by the
City’s Alcohol License Advisory Committee.
There was a motion by Commissioner Consigny with a second by Commissioner Siker
to forward the zoning of property located at 2006 North County Trunk E to B2 upon
annexation, and rezoning of other adjoining property to B2, to the City Council with a
favorable recommendation.
The motion carried on a 5-0-0 vote.
FISCAL IMPACT
The applicant has filed a petition to annex 0.61 acres of land located at 2006 North
County Trunk E. The property under the applicant’s ownership has a total assessed
value of approximately $200,000 (land value of $45,000 and improvement value of
$155,000) according to Janesville Township. Based on the corresponding estimated
assessed value of $200,000, annual City revenues generated from property taxes would
equal approximately $1,500. Sanitary sewer service can be made available to serve
this property through an extension of a force main north of Burns Avenue with the cost
of that extension to be assessed to this property. Additionally, municipal water services
are readily available to serve this site with mains located in the adjoining streets.
Based on these considerations, annexation of the property and the provision of city
services should result in a slight positive fiscal impact on the City.
CC: Duane Cherek
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. Levitt, City Manager
Dongarra-Adams
Liebert
ATTEST:
McDonald
Rashkin
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department