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#3 & #4 Annex and zone property east of Southern Wisconsin Regional Airport (File Ords. #2012-514 and #2012-515) Community Development Department Memorandum Date: May 14, 2012 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Second reading, public hearing and action on a proposed ordinance annexing property located east of the Southern Wisconsin Regional Airport (File Ordinance No. 2012-514); and Second reading, public hearing and action on a proposed ordinance zoning annexing property located east of the Southern Wisconsin Regional Airport to M1 upon annexation (File Ordinance No. 2012-515). SUMMARY The City of Janesville has submitted a unanimous petition to annex approximately 3.9 acres of land adjoining U.S. Highway 51 east of the Southern Wisconsin Regional Airport. The annexation area includes a strip of land that extends along the west perimeter of Industrial TIF District No. 35 on the City’s far south side. The subject property is currently in agricultural use. This property is being annexed in conjunction with a proposed detachment of land adjoining South River Road west of the airport for purposes of maintaining a physical connection to other properties located in Rock Township north of the airport. The annexation ordinance has been prepared to allow the annexation to become effective following approval of the detachment of property along South River Road by Rock Township. Map 2 illustrates the proposed location of land included in the detachment request. Detachments of land are not referred to Plan Commission for review as provided under applicable State Statutes. Coincident with the preparation of an ordinance to annex this property, the Community Development Department has prepared an ordinance to zone the property M1, Light Industrial District. Approval of the annexation requires a 2/3 vote of the Council, therefore five favorable votes are necessary. 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. 2012-514 and 2012-515 annexing and zoning to M1 property located east of the Southern Wisconsin Regional Airport. CITY MANAGER RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. SUGGESTED MOTION A motion to adopt Ordinance Nos. 2012-514 and 2012-515 annexing and zoning to M1 property located east of the Southern Wisconsin Regional Airport. ANALYSIS A. The subject property includes two parcels of land approximately 3.9 acres in size located east of U.S. Highway 51 and of the Southern Wisconsin Regional Airport. Land included in this request was previously omitted from petitions for annexation submitted by the former landowner at the time property located immediately to the east was annexed to the City. The subject property is irregular in shape and provides the sole connection to other territory that exists in the Town of Rock located further to the north. This connection was maintained in order to avoid the creation of a town island which is prohibited by State law. B. The City of Janesville, current owner and petitioner, desires to annex the subject property for purposes of eliminating the atypical jurisdictional boundary in this area. In order to do so, the City of Janesville and Town of Rock intend to pursue a detachment of land from the City in an alternative location to maintain a physical connection to territory located in the Town of Rock situated north of the airport. Accordingly, the annexation request and petition are being reviewed in conjunction with a proposed detachment of land adjoining South River Road located west of the airport. The Town of Rock intends to review an ordinance accepting this land back into the Town on June 5, 2012. Upon adoption of the ordinance, the area would provide a new connection to other township properties and allow the proposed annexation to become effective. The Plan Commission reviewed the appropriateness of the proposed M1 zoning of the property included in the annexation at their meeting of April 16, 2012, and granted approval. C. The annexation area is currently zoned A1, Agriculture District, and B2, Large Scale Commercial District in the Town of Rock. The commercial zoning is located on the south portion of the annexation area along U.S. Highway 51. The Comprehensive Plan specifically identifies this area as appropriate for Light Industrial Development which is consistent with a M1 zoning designation. In addition, this area is adjacent to the City’s recently established TIF District No. 35 which is designed to accommodate and promote future industrial development in this area south of the City. These factors demonstrate the appropriateness of the M1, Light Industrial zoning designation for the property. PLAN COMMISSION ACTION – APRIL 16, 2012 Duane Cherek, Manager of Planning Services, presented the written staff report. Commissioner Marklein asked if the Town of Rock was aware of this annexation and detachment. Cherek stated that the Town was aware, that they concurred with the annexation and detachment and would need to approve an ordinance accepting the land back into the Town following Council’s approval of the proposed detachment, and further, that these actions were required per state law. Commissioner Siker asked if the property to the east of the subject property was currently zoned M1 and part of TIF 35. Cherek confirmed this. The public hearing was opened and no one appeared to speak regarding this item. The public hearing was closed. There was a motion by Commissioner Consigny with a second by Commissioner Siker to forward the zoning of property located east of the Southern Wisconsin Regional Airport to M1 upon annexation to the City Council with a favorable recommendation. The motion carried on a 7-0-0 vote. FISCAL IMPACT The proposed annexation is being pursued to establish an orderly boundary with the Town of Rock. The fiscal impact of this annexation is minimal. The area to be annexed will be zoned M1, Light Industrial District and combined with the larger industrial development sites adjoining the annexation area to the east. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2012-514 An ordinance annexing territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of Rock, 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. PART OF THE SE ¼ OF THE SW ¼ OF SECTION 13 AND PART OF THE NW 1/4 OF SECTION 24, TH T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner of said Section 24; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30 feet to an iron pin monument on the South Line of a Parcel described in Document No. 1690897; thence S.0°43’12”E. continuing along said North-South Centerline, 1692.15 feet to an iron pin on the Easterly extension of the North Line of a tract described in Document No. 1401544; thence N.89°04’46”W. along said North Line and its extension, 2477.53 feet, also being at the place of beginning for the land to be herein described; thence N.6°58’46”E. 2.22 feet; thence N.15°55’12”E. 542.01 feet; thence N.21°33’01”E. 230.09 feet; thence N.18°14’52”E. 233.64 feet; thence N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15 feet to said South Line of said Parcel (Document No. 1690897); thence S.88°30’01”E. along said South Line, 89.59 feet; thence N.0°5’48”W. 1704.64 feet to a point on the North Line of the SE ¼ of the SW ¼ of section 13; thence N.89°5’33”W. along said North Line 33.00 feet to a concrete monument at the NW Corner of the SE ¼ of the SW ¼ of said Section 13; thence S.0°5’48”E. 1318.61 feet to an iron pin at the SW Corner of the SE ¼ of the SW ¼ of said Section 13; thence S.0°38’53”E. along the East Line of a tract described in Document No. 704142 a distance of 252.96 feet to an iron pin; thence S.44°27’40”W. along the SE Line of said tract, 565.57 feet to an iron pin at the most Easterly Corner of Parcel 6A of Document No. 728606; thence S.47°44’21”W. along said SE Line, 637.26 feet to an iron pin along SE Line of said Parcel 6A and on the East Right of Way line South US Highway 51; thence S.18°14’52”W. continuing along said Right of Way Line, 245.36 feet; thence S.21°33’01”W. continuing along said Right of Way Line, 231.11 feet; thence S.15°55’12”W. continuing along said Right of Way ORDINANCE NO. 2012-514 PAGE 2 Line, 548.38 feet; thence S.6°58’46”W. continuing along said Right of Way Line, 11.44 feet; thence S.89°04’46”E. 50.28 feet to the place of beginning. Contains 3.9 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 Rock 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 30 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. SECTION VI. This ordinance shall not take effect until the Rock Town Board adopts an ordinance accepting the terms of City of Janesville Ordinance No. 2012-513 detaching a portion of 3601 South River Road located between the Rock River and South River Road. Following said action by the Rock Town Board, this ordinance shall become effective immediately, 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 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. 2012-515 An ordinance changing and establishing the zoning classification of property located east of the Southern Wisconsin Regional Airport to M1. 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 M1, Light Industrial District: PART OF THE SE ¼ OF THE SW ¼ OF SECTION 13 AND PART OF THE NW 1/4 OF SECTION 24, TH T.2N., R.12E. OF THE 4 P.M., TOWN OF ROCK, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the North 1/4 Corner of said Section 24; thence S.0°43’12”E. along the North-South Centerline of said Section, 400.30 feet to an iron pin monument on the South Line of a Parcel described in Document No. 1690897; thence S.0°43’12”E. continuing along said North-South Centerline, 1692.15 feet to an iron pin on the Easterly extension of the North Line of a tract described in Document No. 1401544; thence N.89°04’46”W. along said North Line and its extension, 2477.53 feet, also being at the place of beginning for the land to be herein described; thence N.6°58’46”E. 2.22 feet; thence N.15°55’12”E. 542.01 feet; thence N.21°33’01”E. 230.09 feet; thence N.18°14’52”E. 233.64 feet; thence N.47°44’21”E. 625.53 feet; thence N.44°27’40”E. 432.15 feet to said South Line of said Parcel (Document No. 1690897); thence S.88°30’01”E. along said South Line, 89.59 feet; thence N.0°5’48”W. 1704.64 feet to a point on the North Line of the SE ¼ of the SW ¼ of section 13; thence N.89°5’33”W. along said North Line 33.00 feet to a concrete monument at the NW Corner of the SE ¼ of the SW ¼ of said Section 13; thence S.0°5’48”E. 1318.61 feet to an iron pin at the SW Corner of the SE ¼ of the SW ¼ of said Section 13; thence S.0°38’53”E. along the East Line of a tract described in Document No. 704142 a distance of 252.96 feet to an iron pin; thence S.44°27’40”W. along the SE Line of said tract, 565.57 feet to an iron pin at the most Easterly Corner of Parcel 6A of Document No. 728606; thence S.47°44’21”W. along said SE Line, 637.26 feet to an iron pin along SE Line of said Parcel 6A and on the East Right of Way line South US Highway 51; thence S.18°14’52”W. continuing along said Right of Way Line, 245.36 feet; thence S.21°33’01”W. continuing along said Right of Way Line, 231.11 feet; thence S.15°55’12”W. continuing along said Right of Way Line, 548.38 feet; thence S.6°58’46”W. continuing along said Right of Way Line, 11.44 feet; thence S.89°04’46”E. 50.28 feet to the place of beginning. Contains 3.9 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 Eric J. 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