#2 Second reading, public hearing and action to rezone sw corner of Jerome & Delavan (Revised File Ord. #2011-504)
Community Development Department Memorandum
Date: January 23, 2012
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
Second reading, public hearing and action on a proposed ordinance
SUBJECT:
amending the zoning conditions of approval for property located on the
southwest corner of Jerome Avenue and Delavan Drive
(Revised File Ord No. 2011-504)
_____________________________________________________________________
SUMMARY
Nick Cray, representing ANGI Energy Systems, Inc., has submitted a request to amend the
existing zoning conditions for property located on the southwest corner of Jerome Avenue and
Delavan Drive (former Gilman Engineering Corp.). In the late 1980’s and 1990’s, Gilman
acquired a number of residential properties adjoining their manufacturing facility along Jerome
Avenue to allow for building expansions. These parcels were rezoned from R2, Limited General
Residence District to M2, General Industrial District as part of that process. During both
rezoning requests, conditions of approval were included in the ordinances adopted by City
Council. The applicant is requesting that one of the zoning conditions be amended to permit
truck delivery traffic on Jerome Avenue to the existing shipping/receiving dock located on the
southeast side of the building at 305 W. Delavan Drive. Currently, truck access onto Jerome
Avenue is restricted to maneuvering for shipping purposes only; not shipping and receiving.
Although the subject property is not being rezoned, the same process as typically occurs with a
rezoning must be followed to amend, add or delete any zoning conditions of approval previously
applied to this property.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that following a
public hearing, the City Council support a motion to approve revised Ordinance No. 2011-504.
The Ordinance has been revised to include the following conditions:
1. That trucks are prohibited from backing onto the subject site from Jerome Avenue
when making deliveries or shipments, and requiring the City Engineering to review
and approve the design for driveway openings onto Jerome Avenue so as to limit
any potential vehicular conflicts.
2. That there will be no truck parking or idling on Jerome Avenue.
3. That the hours of operation be limited to 7:00 a.m. through 5:00 p.m.
CITY MANAGER’S RECOMMENDATION
The City Manager defers to the Plan Commission recommendation.
SUGGESTED MOTION
amending the zoning conditions of
A motion to adopt Revised Ordinance No. 2011-504
approval for property located the southwest corner of Jerome Avenue and Delavan Drive.
ANALYSIS
A. The subject property consists of a 9-acre parcel of land situated at the southwest corner
of W. Delavan Drive and Jerome Avenue. The site includes a building approximately
200,000 square feet in size. Multi-story office space exists on the north side of the
building and the remaining portions of the building include manufacturing space.
B. The subject parcel is zoned M2, General Industrial District. Property east and south of
the subject site on Jerome Avenue is zoned R2, Limited General Residence District.
Low density residential properties are located directly east of the subject site on Jerome
Avenue. Property west, north and south of the site is zoned M2.
C. In 1987, 1988 and again in 1999, Gilman Engineering, the former owner of the building
and land, submitted requests to rezone residentially developed property east of their
facility to expand their building and manufacturing operations. In each of those requests,
the City Council approved the rezoning, but placed several restrictions on the rezoning
area which related to truck access, landscaping and architectural review of proposed
building additions. With this request, the petitioner has requested to modify one of those
restrictions related to truck traffic on Jerome Avenue.
D. Per the zoning conditions of approval placed on the rezoning requests in 1988 and 1999,
truck access is limited on Jerome Avenue. Specifically, Jerome Avenue may only be
used for the maneuvering of trucks for shipping purposes. Receiving truck access is
prohibited. In addition, trucks may only enter Jerome Avenue from Delavan Drive and
travel in a southerly direction to the shipping bays on the southeast side of the building.
Trucks leaving the facility must travel in a northerly direction on Jerome Avenue and exit
off of Delavan Drive. Truck access is prohibited from travelling south of the railroad
tracks on Jerome Avenue to State Street. The petitioner has requested modifying this
restriction to allow for truck access receiving on Jerome Avenue.
E. There are currently 9 properties on Jerome Avenue directly across from the subject site
that would be impacted by an increase in truck traffic. Of those properties, 6 are single-
Exhibit1
family residences ( ). With this request, truck traffic will still be prohibited from
travelling south of the railroad tracks on Jerome Avenue to State Street.
Exhibit2
F. The petitioner has submitted a site plan ( ) which includes the proposed
receiving truck traffic routes. Receiving trucks would enter the receiving bays at the
southeast corner of the building off of Jerome Avenue. Trucks would be required to pull
onto the property and complete a u-turn or y-turn movement before backing into the
receiving bays. Turning templates provided on the site plan show that large semi-trucks
can make these turning maneuvers on-site as opposed to backing onto the site from
Jerome Avenue. In addition, the petitioner demonstrated this maneuver with a 75-foot
truck during a mid-December exercise on the site. The truck used in this demonstration
is longer than most types of trucks the petitioner says would make deliveries to this
facility. The truck was able to complete a turnaround in the area east of the receiving
bays on the subject site. The petitioner has proposed additional paving to ensure
receiving trucks can more easily make this turning maneuver on-site. As a result, Staff
and the petitioner do not believe trucks will need to back up onto the property from
Jerome Avenue and have recommended a condition which would prohibit such
maneuvers.
G. The submitted site plan also includes a reconfigured southeast curb opening (driveway).
The purpose of reconfiguring this driveway is to make it easier for semi-trucks to enter
and exit the site by widening the driveway apron further north and increasing the angle
(See detail on Site Plan). Additionally, Staff suggested designing the driveway to
prohibit semi-trucks from backing onto the site off of Jerome Avenue, and the angle of
the southern portion of the driveway apron has been decreased. In order to implement
these changes to the site and accommodate the petitioner’s request, staff recommends
language in the proposed Ordinance be revised to require the City Engineer to review
and approve the design of driveway openings to prohibit vehicles from backing onto the
subject site from Jerome Avenue or exiting the site and traveling south on Jerome
Avenue.
H. The petitioner estimates that deliveries would be made between 6 to 7 times per day.
These deliveries will be made by either UPS/Fed Ex style trucks or semitrailer trucks
with trailers which are approximately 40 feet in length. They have also indicated that
deliveries would be made during the hours of 7:00 AM and 5:00 PM, Monday thru
Friday. The petitioner has also indicated that they estimate between 1 and 2 loads for
shipping per day.
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I. A neighborhood informational meeting was held on December 14. Approximately 20
people attended the meeting. Some of the neighbors raised concerns about the
increase in truck traffic on Jerome Avenue. Specifically, a few of the neighbors were
concerned about damage to property caused by trucks backing onto the site from
Jerome Avenue.
J. Staff believes this request to amend the conditions of zoning approval to allow receiving
truck access on Jerome Avenue will have an impact on the residential properties directly
across from the site. Although this is an industrial site that has co-existed with the
neighborhood and operated in this location for a long time, the impact of additional truck
traffic can be reduced by incorporating the recommended restrictions prohibiting trucks
from backing up onto the facility from Jerome Avenue. After several discussions with
representatives from the neighborhood about the proposed use of Jerome Avenue, and
working diligently with the applicant and their architect to address those concerns, we
believe the design requirements and restrictions included in the staff recommendation
provide a workable solution for both residents and this industrial property.
K. On January 3, 2012, the Plan Commission approved a motion to forward this request to
the City Council with a positive recommendation. However, various questions were
asked regarding the impact of truck traffic on Jerome Avenue which required further
follow-up. Commission members asked about the vehicle weight limit for trucks using
Jerome Avenue. Per the COJ General Code, Jerome Avenue is exempt from non-truck
route vehicle weight limitations since trucks currently utilize the shortest point of access
from Delavan Avenue (truck route) to the subject site’s shipping/receiving docks.
Neighborhood residents were also concerned about the condition of the Jerome Avenue
street surface and its ability to handle additional truck traffic. Jerome Avenue was last
resurfaced in 1996. In 2011, this segment received an “average” surface condition
rating, which is suitable for semi-truck traffic. If Jerome Avenue were to be resurfaced or
repaired, the funding for such an activity would typically come from the General Fund as
part of the City’s street maintenance and rehabilitation program. Property owners along
Jerome Avenue would not be assessed for repair or resurfacing costs.
Commission members were concerned about semi-trucks parking or idling on Jerome
Avenue. Currently, a “no Parking” zone exists on the west side of Jerome Avenue up to
350 feet north of the railroad tracks and therefore, no vehicles, including semi-trucks are
allowed to park in this area. Since parking is currently allowed on the east side and
partially the west side of Jerome Avenue south of Delavan Drive, the Plan Commission
has included a restriction in the rezoning ordinance amendment to prohibit all truck
parking and idling on Jerome Avenue adjoining this property.
Finally, to further reduce the impact of semi-truck traffic on the surrounding residential
neighborhood on Jerome Avenue, the Plan Commission included a condition to limit
truck traffic to or from this site from 7:00 AM to 5:00 PM. Staff suggests modifying this
condition to allow some greater flexibility by changing the time restrictions to 7:00 AM to
7:00 PM.
PLAN COMMISSION ACTION – 3 JANUARY 2012
Brad Schmidt, Associate Planner, presented the written staff report.
Commissioner Consigny asked why truck traffic was not allowed to go south on Jerome
Avenue to State Street and Schmidt stated that during the initial rezoning, the City Council
approved that restriction and that a city ordinance does not show Jerome on the list of
assigned truck routes. Cherek added that the main purpose for prohibiting truck traffic from
traveling in a southerly direction on Jerome is to discourage large tractor trailer movements
through residential areas. He stated that the subject property adjoins residential
development along Jerome so it’s important for traffic safety and functional purposes to
direct truck traffic to use the closest designated truck route available to the site. Cherek
also noted that the site adjoins a truck route on Delavan Drive.
The public hearing was opened and the following persons appeared to speak:
Billie McCoy, 1326 Putnam, stated that residents on Jerome just off of Delavan have
been pumping water onto those streets because the springs in the area have flooded
their basements. He had concerns about the damage that heavy trucks may cause
to the streets, and the weight limit allowed on the residential streets, and stated that
he didn’t want to see trucks coming in on State Street and turning left on Jerome into
a residential area with several houses and kids. He added that he supports
promoting more jobs in the City of Janesville but also wants to be sure that the
neighborhood and the streets are protected.
Robert Sage Jr., 1051 Jerome Ave, stated that he lives directly across from the
subject site. He described the history of uses on the property and brought up
concerns regarding the swampland nature of the area, the stacking of trucks that
may occur, and the potential of trucks trying to enter and exit at the same time on
Jerome and trying to get around cars that are parking in the street. He stated that he
objects to the project as is because he believes it could be designed better and he
suggested looking into the possibility of using the nearby space containing
abandoned railroad tracks as to keep truck traffic off Jerome Avenue completely.
Commissioner Marklein asked if it would cause a hardship or be a benefit to the Jerome
Avenue residents if the 90-minute parking limit were to be removed on the west side of that
street. Mr. Sage stated it wouldn’t make a difference either way to him but it may to some
of the other residents.
Ray Hume, 1039 Jerome, stated that the proposed location for a new driveway on
the subject site is straight across from his driveway. He stated that he was in
support of a new company moving into the building but has concerns regarding truck
noise, diesel fumes and truck traffic on a street where there are generally cars
parked on both sides of the street.
Commissioner Siker asked what the procedure would be to eliminate the 90-minute parking
limit on Jerome. Cherek stated that an interested party would need to contact the City
Engineering Department and request a parking change.
James Salzman, 1045 Jerome, spoke in opposition because he has small children
and is concerned about their safety with truck traffic on Jerome. He questioned why
the abandoned railroad track area, which is blighted with overgrown weeds, couldn’t
be an access point to the back of the building.
Everett Graul, 1021 Jerome Ave, spoke in opposition and suggested removing the
nearby old railroad tracks to use that area as an access point and keep trucks off
Jerome completely.
Robert Sage Sr., 2111 Moreland, bought a house on Jerome in the 1970’s when
Gilman’s approached the neighborhood. He recalled a time when trucks had to use
the area between the building and the railroad tracks as an entrance so he felt it was
possible for them to do so. He noted the flooding that occurs in the area and had
concerns about the weight of the trucks on Jerome. He also brought up other
concerns regarding the width of the driveway approach and trucks being able to stay
within the confines of it. He added that one of the reasons for the 90-minute parking
limit on Jerome was because GM employees would park there and walk down the
tracks rather than parking in the GM lot.
John Grimmer, CEO of Angi Energy Systems, and Tim Carson, Angus Young, stated
they were available for questions. Mr. Carson addressed concerns regarding truck
maneuvering into the site. He indicated that the current entrance drive is 30 feet
wide with a 40-foot radius on curve and because a truck making that maneuver does
drive onto the grass, the proposal includes widening the access drive 20 to 25 feet to
the north with the addition of more paving so trucks can exit without running the risk
of sideswiping cars parked on the street.
Mr. Grimmer added that one large shipment a week, which may include 1-2 trucks per load,
would leave the facility and that UPS would make a drop-off every morning and be back
later in the day for pick-ups. He stated that Angi would like to be a good neighbor as they
currently are at their operation in Milton which has residential neighbors on two sides. He
added that truck idling at that facility has not been a problem but restrictions would be
appropriate. He stated that trucks will be able to park on site so they wouldn’t be on the
street. He said that he’d like to offer some sort of video surveillance of trucks making turns
and moving down Jerome so they could address any infractions or problems with traffic on
the street.
Commissioner Consigny asked if Mr. Grimmer would be agreeable to limiting shipping
and/or deliveries to certain hours of the day. Mr. Grimmer stated that they currently only
ship during daylight hours and only receive shipments during first shift operations which run
normally until 5:00 p.m.
Jennifer Salzman, 1045 Jerome Ave, had concerns about the safety of her children
due to truck traffic created.
Ray Hume, 1039 Jerome, asked if Angi had looked into options of using the railroad
property.
Mr. Grimmer stated that the railroad tracks are located off the property on land owned by
the railroad company. He indicated that he had not spoken with the railroad regarding such
an option.
Tom Lasse, Lessor in Milton for Angi, stated that the Milton facility is in a residential
area but that he’s not aware of any complaints from the residents in the area. He
stated that Angi works hard to be a good neighbor and takes good care of the
property. He believes that some of the restrictions that have been put on this
proposal are excessive for an industrial area and to put any more restrictions on the
building would make it even less accessible in the future.
Consigny questioned who owned the building. Mr. Lasse indicated that he along with Terry
McGuire were the landlords and Angi would be the tenant.
Robert Sage Jr., 1051 Jerome Avenue, asked if the trucking business would be
occur between 7:00 a.m. and 5:00 p.m. and if this could be a restriction within the
ordinance. He also questioned who would be responsible for repairing the road
when it becomes damaged from truck traffic. He asked if the City had an ordinance
restricting truck idling on City residential streets. He added that he would like to see
the building occupied but does not want truck traffic allowed on Jerome Avenue.
Commissioner Siker asked how much employment the business would bring. Mr. Lasse
indicated that the 105 employees currently working at the Milton facility would be transferred
to the Janesville facility and that Angi has made commitments to bring employment up to
125 in the next three years.
Commissioner Consigny stated that the proposal will have an impact on the people in the
neighborhood and that their concerns needed to be dealt with. Mr. Lasse said that Angi will
be a good neighbor.
The public hearing was closed.
Commissioner Consigny asked how the City would pay for repairs to the street when
needed. Cherek indicated that local or residential streets are typically repaired according to
an established street maintenance program. He stated that streets are inspected every two
years and provided with a condition rating. Ratings are used to determine which streets are
repaired and the general fund provides the funding for this type of repair. He added that the
last time Jerome Avenue was reconditioned was in 1996.
Commissioner Marklein suggested various signage be considered to address truck traffic
and parking along Jerome. He stated that the neighborhood has done a great job of getting
the company’s attention and that Angi promises to be a good neighbor that would welcome
phone calls regarding concerns. He also suggested that if residents on Jerome wish to
eliminate the 90-minute parking limit that they go ahead and request that change. He also
recommended that Angi speak with the railroad because even if they weren’t able to get an
answer for some time, it may be a benefit to them in the future.
Commissioner Consigny stated that he felt any approval of this request should contain
restrictions on hours of delivery and shipping and a prohibition against truck idling on
Jerome Avenue. Commissioner Siker indicated that he wished to make a motion with those
two conditions. Vice-Chairperson Madere reiterated the concerns that were brought up
regarding hours of operation, parking restrictions, signage comments, and number of
deliveries. He stated that he didn’t feel the Commission would be able to put a finite
number on delivery restrictions as it would only be through the good intentions of the owner
that this would be adhered to.
There was a motion by Commissioner Siker with a second by Commissioner Consigny to
forward the requested amendment to the zoning conditions of approval for property, located
at the southwest corner of Jerome Avenue and Delavan Drive, to the City Council with a
favorable recommendation subject to the following conditions:
1. That a restriction is added to the Ordinance to prohibit trucks from backing onto the
subject site from Jerome Avenue when making deliveries or shipments, and require
the City Engineering to review and approve the design for driveway openings so as
to limit any potential vehicular conflicts.
2. That there will be no truck parking or idling on Jerome Avenue.
3. That the hours of operation be limited to 7:00 a.m. through 5:00 p.m.
The motion carried on a 4-0-0 vote.
FISCAL IMPACT
It is not expected that these zoning conditions of approval will have a negative fiscal impact on
the City. This property has been underutilized for a number of years and a potential tenant has
expressed interest in relocating their manufacturing operations to this facility. It is not typical
that similar industrial uses which are located near residential properties have had similar zoning
restrictions placed upon their use. Continued underutilization of this property does not
contribute in a positive manner to increased employment opportunities or real estate tax
revenue.
cc: Eric Levitt
Jay Winzenz
REVISED ORDINANCE NO. 2011-504
An ordinance amending the zoning conditions of approval for property located at the
southwest corner of Jerome Avenue and Delavan Drive 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 conditions set forth in Revised Ordinance 88-584, Section III.C. adopted
25 July 1988, which read as follows:
“That Jerome Avenue may be used for truck maneuvering (using the street to back
up in or onto) to the shipping area. That Jerome Avenue not be used for receiving
truck access to the plant after July 31, 1990, but that truck access on Jerome
Avenue for the purpose of shipping will be permitted provided that such truck traffic
shall only be allowed to travel in a southerly direction on Jerome Avenue from
Delavan Drive to the truck access point and in a northerly direction from the truck
access point to Delavan Drive.”
are hereby amended to read as follows:
“Jerome Avenue may be used for providing truck access to the plant for shipping
and receiving purposes between the hours of 7:00 AM and 5:00 PM. Truck access
on Jerome Avenue for the purpose of shipping/receiving will be permitted provided
that such truck traffic shall only be allowed to travel in a southerly direction on
Jerome Avenue from Delavan Drive to the truck access point and in a northerly
direction from the truck access point to Delavan Drive. Driveway openings along
Jerome Avenue shall conform to the design specifications approved by the Site Plan
Review Coordinator and the City Engineer, and shall prohibit the use of Jerome
Avenue for truck maneuvering that involves using the street to back up in or onto
shipping/receiving areas. Additionally, trucks are prohibited from parking or idling on
Jerome Avenue.”
SECTION II. The conditions set forth in Ordinance 99-1240, Section II.C. adopted 26 April
1999, which read as follows:
“Jerome Avenue may be used for truck maneuvering (using the street to back up in
or onto) to the shipping area. Jerome Avenue shall not be used for receiving truck
access to the plant. Truck access on Jerome Avenue for the purpose of shipping will
be permitted provided that such truck traffic shall only be allowed to travel in a
southerly direction on Jerome Avenue from Delavan Drive to the truck access point
and in a northerly direction from the truck access point to Delavan Drive.”
are hereby amended to read as follows:
“Jerome Avenue may be used for providing truck access to the plant for shipping
and receiving purposes between the hours of 7:00 AM and 5:00 PM. Truck access
on Jerome Avenue for the purpose of shipping/receiving will be permitted provided
that such truck traffic shall only be allowed to travel in a southerly direction on
Jerome Avenue from Delavan Drive to the truck access point and in a northerly
direction from the truck access point to Delavan Drive. Driveway openings along
Jerome Avenue shall conform to the design specifications approved by the Site Plan
Review Coordinator and the City Engineer, and shall prohibit the use of Jerome
Avenue for truck maneuvering that involves using the street to back up in or onto
shipping/receiving areas. Additionally, trucks are prohibited from parking or idling on
Jerome Avenue.”
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
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